Former FBI Director Comey pleads not guilty to criminal charges demanded by Trump
James Comey, author and former FBI director, speaks at the Barnes & Noble Upper West Side on May 19, 2025 in New York City. (Photo by Michael M. Santiago/Getty Images)
ALEXANDRIA, Va. — Former FBI Director James Comey pleaded not guilty to two felony charges Wednesday in federal court in Virginia, in response to an indictment that followed an extraordinary pressure campaign from President Donald Trump.
A federal grand jury in Alexandria, Virginia, indicted Comey in September on one charge of making false statements to Congress during testimony in 2020 and another of obstructing a proceeding of Congress. Prosecutors had sought an additional charge of making false statements, but the grand jury returned only the two charges.
Comey faces up to five years in prison and a fine of $250,000 for each charge.
The indictment came just days before the statute of limitations ran out.
A trial is set for early January. Comey’s lawyer, Patrick Fitzgerald, said he plans to file two batches of motions this month, including one alleging vindictive and selective prosecution.
“Our view is this prosecution was brought by President Trump,” Fitzgerald said.
Trump told his AG: ‘We can’t delay any longer’
Trump has long targeted Comey for his role leading the FBI during an investigation into Russian interference in the 2016 presidential election.
Trump fired him after pressuring him to end the investigation and failing.
Trump and Comey have publicly sparred since his dismissal. Comey has denied wrongdoing.
Trump in September posted on social media urging Attorney General Pam Bondi to take action against Comey and other political enemies, demanding retribution for his own prosecutions.
“Pam: I have reviewed over 30 statements and posts saying that, essentially, ‘same old story as last time, all talk, no action. Nothing is being done,’” Trump wrote. “We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!! President DJT.”
The president then forced out the acting U.S. attorney for the Eastern District of Virginia when he declined to pursue charges against Comey. Trump replaced the office’s top prosecutor with former personal lawyer Lindsey Halligan, who swiftly obtained an indictment.
Comey’s legal team plans to fight Halligan’s appointment as unlawful.
Classified information expected to be included
U.S. District Judge Michael S. Nachmanoff for the Eastern District of Virginia agreed to Comey’s request for a trial in January, after there were no objections from the government to schedule the proceeding beyond the Dec. 17 speedy trial deadline.
Fitzgerald’s challenge to Halligan’s appointment will be heard by a judge outside the Eastern District of Virginia according to standard protocol, Nachmanoff said, adding the separate track will have no bearing on Comey’s case schedule.
Nachmanoff, who was nominated by former President Joe Biden, ordered the parties to swiftly agree on obtaining security clearances for Comey and Fitzgerald, as the government contends some of the evidence may be classified.
“We haven’t seen a single piece of discovery to date,” Fitzgerald told Nachmanoff, adding he had not received communication from government prosecutors until Tuesday.
Government prosecutor Nathaniel Lemons said he expects a “large amount” of discovery will be classified. Discovery is the process of exchanging information about witnesses and evidence in a legal case.
“We’re just getting our hands around the discovery as well,” Lemons said.
Nachmanoff responded he is “a little skeptical.”
“This does not appear to be a particularly complex case,” Nachmanoff said during the roughly 30-minute arraignment.
Fitzgerald told the judge the defense is “a bit confused” about the government’s slow movement on producing discovery.
“Frankly, we feel in this case the cart has been put before the horse,” Fitzgerald said.
Nachmanoff ordered the parties to come to a discovery agreement by week’s end, or risk the court setting one for them.
“I want to get this resolved promptly. … There should be no reason this case gets off track because of the existence of classified information,” he said.
Comey’s family accompanies him
Fitzgerald, who served as the U.S. attorney in Chicago for over a decade during the George W. Bush administration, is known for his role as Special Counsel in 2005 during the CIA leak case against Lewis “Scooter” Libby.
Fitzgerald told Nachmanoff that representing Comey is “the honor of my life.”
Several of Comey’s family members attended the arraignment at the Eastern District’s Albert V. Bryan Courthouse, including his daughter, Maurene Comey, who was fired earlier this year from her role as a federal prosecutor in Manhattan.
Comey’s son-in-law, Troy Edwards Jr., was also in attendance. Edwards resigned from his position as prosecutor for the Eastern District of Virginia immediately after Comey was indicted last month.
Oral arguments are set for Nov. 19 and Dec. 9. A trial is set for Jan. 5.
Fitzgerald initially argued for a Jan. 12 trial date, but Nachmanoff denied the request.