Former FBI Director James Comey has pleaded not guilty to charges of lying to Congress and obstructing a congressional investigation, in a case widely viewed as politically charged.
Comey’s attorney, Patrick Fitzgerald, entered the plea on his behalf before a federal court in Alexandria, Virginia, on Wednesday. He also signaled plans to seek dismissal of the case, claiming the former FBI chief was being unfairly targeted because of his outspoken criticism of former President Donald Trump.
The indictment against Comey came just days after Trump publicly urged his attorney general to prosecute him. The court scheduled the trial to begin on January 5, following a request from Comey’s lawyers for a speedy process. Both sides expect the trial to take two to three days.
During the hearing, Fitzgerald told the judge they would file motions to dismiss the case, arguing the prosecution was driven by political motives and that the appointment of the current federal prosecutor handling the case was unlawful.
Initially, the case was overseen by Virginia prosecutor Erik Siebert, who resigned under pressure from Trump after failing to bring charges in a separate case against New York Attorney General Letitia James.
Trump later appointed Lindsey Halligan to replace him.
Comey, who appeared calm and in good spirits, was seen chatting and joking with his legal team before the session began. He attended the hearing with his wife, Patrice Failor, and daughter, Maureen Comey, a federal prosecutor who was recently dismissed by the Trump administration.
When asked in court whether he understood the charges against him, Comey responded, “I do your honour. Thank you very much.”
US District Judge Michael Nachmanoff explained that each of the two counts carries a potential prison sentence of up to five years and a fine of as much as $200,000.
Halligan, who took over as the lead federal prosecutor in Virginia’s eastern district in September, brought the indictment against Comey within her first week in office, after previous prosecutors declined to pursue the case citing insufficient evidence.
Defence lawyers raised concerns that they had not yet been given access to classified materials prosecutors intended to use as evidence. “We feel the cart has been put before the horse,” Fitzgerald said.
Judge Nachmanoff cautioned the prosecution, saying, “I will not slow this case down because the government does not promptly turn over information.”
Comey served as FBI director from 2013 until his dismissal by Trump in 2017, four months into the former president’s term. At the time, Comey was overseeing an investigation into Russian interference in the 2016 US election and possible ties to Trump’s campaign.
He also drew criticism in 2016 when he announced a renewed probe into Democratic candidate Hillary Clinton’s use of a private email server, just days before the election, a move that angered Democrats but did not result in charges, while also drawing fire from Republicans.
Since leaving office, Comey has been a vocal critic of Trump. Federal prosecutors now accuse him of lying during a 2020 Senate Judiciary Committee hearing about the Clinton and Russia investigations, alleging he falsely denied authorising an FBI official to leak information to the media.
He is further charged with attempting to obstruct the committee by providing false testimony.
In a video posted to his Instagram account after the indictment, Comey declared his innocence and accused Trump of abusing his power.
“My family and I have known for years that there are costs to standing up to Donald Trump,” he said.
“We will not live on our knees. I’m innocent,” he added. “So let’s have a trial.”
The charges came shortly after Trump called on Attorney General Pam Bondi via social media to prosecute Comey and others, intensifying the political tensions surrounding the case.