Madeline Halpert and
Kwasi Gyamfi Asiedu and Brandon Drenonin court, in Alexandria, Virginia
Former FBI director James Comey has pleaded not guilty to two charges of making false statements to lawmakers and obstructing a congressional proceeding.
His lawyer entered the plea on his behalf in a federal court in Alexandria, Virginia, on Wednesday morning.
Patrick Fitzgerald said he would seek to have the case dismissed for several reasons including that his client, a critic of US President Donald Trump, was being targeted.
Mr Comey was indicted a few days after Trump urged his attorney general to take action against him. After Mr Comey’s lawyer requested a speedy trial, the judge set a date of 5 January.
Both the prosecution and defence expected the trial to last just two or three days.
In court on Wednesday, Mr Comey’s lawyer Patrick Fitzgerald told the judge that they planned to file several motions to dismiss the case before a trial, arguing the prosecution was vindictive and that a US attorney had been unlawfully appointed to take over the case.
Mr Comey was fired as FBI director in 2017, about four months into Trump’s first term as president. At the time, Mr Comey had been leading an investigation into Russian election interference and whether there were any links between Moscow and Trump’s campaign.
The federal government alleges Mr Comey lied to Congress during a Senate Judiciary Committee hearing in September 2020, when he was being questioned about both the Russia election probe and an investigation into Trump’s 2016 election rival Hillary Clinton’s use of a private email server.
He told the hearing that he had not authorised someone at the FBI to leak information about the investigations – a statement the Justice Department alleges was untrue and therefore misleading.
Prosecutors also accuse Mr Comey of “corruptly endeavor[ing] to influence, obstruct and impede” the panel by making false statements to it.
What is Comey accused of?Mr Comey’s case was originally overseen by Erik Siebert, a Virginia prosecutor who resigned under pressure from Trump after his investigation into another political adversary – New York Attorney General Letitia James – failed to bring criminal charges.
Trump then appointed Lindsey Halligan to replace him, who secured a grand jury indictment against Mr Comey less than a week into the job. Prosecutors before her had declined to take on the case due to a lack of evidence.
Mr Comey appeared in good spirits as he entered the courtroom on Wednesday, chatting with his attorneys and making jokes. He was joined by his wife, Patrice Failor, and daughter Maureen Comey, a federal prosecutor whom the Trump administration recently fired.
After listening to the judge read his rights and the two counts against him in court on Wednesday, Mr Comey was asked if he understood the charges.
“I do, your honour. Thank you very much,” he told the court.
US District Judge Michael Nachmanoff said the two charges each carry a penalty of up to five years in prison and a fine of up to a $200,000 (£149,442).
Ms Halligan’s hasty ascent to the role of top federal prosecutor in Virginia’s eastern district in September was reflected in Wednesday’s proceedings, when defence lawyers complained they did not have access to classified documents that prosecutors intended to submit as evidence.
“We feel the cart has been put before the horse,” Mr Fitzgerald said.
Judge Nachmanoff warned the government: “I will not slow this case down because the government does not promptly turn over information.”
During his tenure as FBI director, Mr Comey sparked a backlash from Democrats when he announced the investigation into Clinton’s emails just days before the 2016 presidential election. Charges against Clinton were never brought, leading to criticism from Republicans as well.
Since leaving government, Mr Comey has been an ardent critic of the Trump administration.
In a video Mr Comey posted to his Instagram after he was indicted, he said he was innocent and accused Trump of acting like a “tyrant”.
“My family and I have know 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 against Mr Comey came after Trump posted on social media demanding his attorney general, Pam Bondi, prosecute Mr Comey and others.
