Comey pleads not guilty, will look to dismiss case for vindictive prosecution

(ALEXANDRIA, Va.) — Former FBI Director James Comey pleaded not guilty Wednesday to both counts in a federal indictment, and his attorneys said they will seek to have the case dismissed for vindictive and selective prosecution.

A federal grand jury indicted Comey on Sept. 25, just days after President Donald Trump publicly demanded Attorney General Pam Bondi and the Justice Department act “now” against Comey and other political opponents.

Comey is charged with one count of false statements and one count of obstruction of a congressional proceeding, related to his testimony before the Senate Judiciary Committee in 2020.

The plea was entered by his attorney Patrick Fitzgerald, who asked for a jury trial. 

The judge read the charges and said they carry a penalty of up to 5 years in prison with a $250,000 fine.

He asked if Comey understood the charges, and he replied, “I do, Your Honor.”

A trial date was set for Jan. 5.

The judge asked how long the government anticipated the trial lasting, and the government said 2-3 days.

The judge said that he was prepared to move forward with a speedy trial. The government said the case was “complicated,” but didn’t appear to object to the trial date in court.

“This doesn’t appear to be a complicated case,” the judge said.

Fitzgerald agreed, saying, “We see this as a simple case.”

Comey has been a longtime target of Trump’s criticism over his investigation into Russian interference in the 2016 election. Trump on Monday, speaking to reporters in the Oval Office, called Comey a “dirty cop” and claimed it was a “simple case.”

But the Comey matter has thrown the U.S. Attorney’s Office for the Eastern District of Virginia into turmoil, according to sources. The previous U.S. attorney, Erik Siebert, resigned over pressure from the Trump administration to bring criminal charges against Comey and New York Attorney General Letitia James. Trump said he fired Siebert.

Trump then handpicked Halligan, a White House aide and his former defense attorney, to replace Siebert and lead the office. Halligan presented the Comey case to the grand jury, despite prosecutors and investigators determining there was insufficient evidence to charge him, ABC News reported at the time.

Comey attorneys told the judge Wednesday they plan to file a motion challenging the lawfulness of Halligan’s appointment, but that will be heard by a different judge appointed by the chief judge of 4th U.S. Circuit Court of Appeals. 

The judge on Wednesday instructed the government to respond to those motions by Nov. 3 and directed the defense to respond by Nov. 10. The judge said he wants the case to be fully briefed by Nov. 19 and said hearings will be planned for Nov. 19 and Dec. 9. 

Oral arguments will be held Dec. 9 on the defense’s motion to dismiss because of grand jury abuse, “outrageous government conduct” and other motions Comey’s attorneys did not disclose.

Both the defense and the judge expressed some confusion as to why the government said there would be a substantial amount of classified information involved in the case.

At one point Fitzgerald said that he believed the government should have figured out the issue with classified information before bringing the case. It appears the “cart has been put before the horse,” Fitzgerald said. 

The judge said there should be no reason the case gets off track because of classified information.

“We will go through the fastest CIPA process you have ever seen in your life,” he joked, referring to the litigation that occurs around cases involving classified information. 

The judge also said, “I will not slow this case down” over the government’s obligations to produce discovery to the defense. 

Comey was in court Wednesday for the first time since he was indicted last month, where he was joined inside the Alexandria, Virginia, courtroom by Fitzgerald and attorneys David Kelley and Jessica Carmichael. 

The government was being represented by Halligan and Nathaniel “Tyler” Lemons, a prosecutor from the Eastern District of North Carolina. 

Comey’s wife and his daughter, Maureen Comey, were seen arriving at the Alexandria courthouse ahead of the proceeding.

Comey has denied any wrongdoing and has said he looks forward to a trial.

Ahead of Wednesday’s arraignment, the Department of Justice added two assistant U.S. attorneys from out of state to work on the case.

ABC News’ Alexandra Hutzler, Alexander Mallin, Peter Charalambous and Ely Brown contributed to this report.

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