In a historic and politically charged moment, former FBI Director James Comey appeared in a federal courtroom in Alexandria, Virginia, on October 8, 2025, pleading not guilty to two federal charges: making false statements to Congress and obstructing a congressional proceeding. The arraignment, attended by Comey’s family and a throng of reporters and activists, marked the first time in U.S. history that a former FBI chief has faced criminal prosecution by the Justice Department.
Comey, 64, entered the Albert V. Bryan Courthouse clad in a dark blue suit, flanked by his wife Patrice Failor and daughter Maurene Comey—herself a former federal prosecutor recently dismissed from her post. According to BBC, his lawyer, Patrick Fitzgerald, entered the not guilty plea on Comey’s behalf, while the former director spoke only to confirm his understanding of the charges: “I do, your honor. Thank you very much.”
The charges stem from Comey’s September 30, 2020, testimony before the Senate Judiciary Committee. Prosecutors allege that Comey lied under oath about his role in authorizing leaks to the media regarding the FBI’s investigations into President Donald Trump’s 2016 presidential campaign and then-Secretary of State Hillary Clinton’s use of a private email server. The indictment accuses Comey of misleading lawmakers by denying he had approved such leaks, despite evidence to the contrary. According to NPR, the charges also include obstruction, with prosecutors claiming he “corruptly endeavored to influence, obstruct and impede” the Senate panel by making false statements.
The trial date was set for January 5, 2026, with both sides anticipating proceedings lasting only two to three days. Judge Michael Nachmanoff, an appointee of former President Joe Biden, presided over the hearing and agreed to a slight postponement to allow for discovery, including the review of classified documents. As The New York Post reported, Nachmanoff expressed some skepticism about the government’s need for additional time, stating the case involved a “discrete set of facts.”
Comey’s lawyer, Patrick Fitzgerald, made clear the defense’s intention to file several motions to dismiss the case, arguing both vindictive prosecution and the unlawful appointment of the prosecutor, Lindsey Halligan. “My client is anxious to get to a speedy trial,” Fitzgerald told the court. He also voiced concerns over the defense’s limited access to classified materials, noting that only one attorney on Comey’s team currently held the necessary security clearance. “We feel the cart has been put before the horse,” Fitzgerald said, according to BBC.
The prosecution of Comey comes amid a backdrop of intense political infighting. The Justice Department’s case was brought forward just days before the five-year statute of limitations would have expired. The timing, as well as the circumstances of the indictment, have fueled allegations of political motivation. Erik Siebert, the previous U.S. Attorney for the Eastern District of Virginia, resigned under pressure from Trump after declining to prosecute Comey and New York Attorney General Letitia James. Lindsey Halligan, Trump’s former personal attorney with a background in insurance law but no prior experience as a prosecutor, was swiftly appointed to replace Siebert. Within a week of her appointment, Halligan secured the grand jury indictment against Comey.
Prosecutors allege that Comey’s actions in 2020 were part of a pattern. The indictment references a “PERSON 3”—widely believed to be Columbia University law professor Daniel Richman—whom Comey previously authorized to leak memos to the press about Trump allegedly asking for an investigation into Michael Flynn to be dropped. Comey has publicly acknowledged orchestrating such leaks in the past, a fact that has drawn criticism from both sides of the political aisle.
While Comey’s legal jeopardy is unprecedented for a former FBI director, the political context is equally fraught. The charges followed a series of social media posts by Trump, who had openly called for his attorney general, Pam Bondi, to prosecute Comey and others he considered adversaries. According to NPR, the Justice Department is also investigating other prominent Trump critics, including Representative Adam Schiff and former National Security Adviser John Bolton.
Comey remains free on his own recognizance, as prosecutors did not seek detention or bond. If convicted on both counts, he faces up to five years in prison and a fine of up to $250,000. Judge Nachmanoff, underscoring the seriousness of the charges, warned the government, “I will not slow this case down because the government does not promptly turn over information.”
Outside the courthouse, activists protested, and the atmosphere was tense. Inside, Comey appeared composed, even making jokes with his legal team before the proceedings began. His family’s presence underscored the personal toll of the prosecution: his daughter Maurene, recently forced out of her Manhattan U.S. attorney’s office post, and her husband, Troy Edwards, who resigned as a federal prosecutor in Virginia immediately after Comey’s indictment was announced.
After the indictment, Comey took to social media to defend himself and criticize what he described as a politically motivated prosecution. In a video posted to Instagram and Substack, he declared, “My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system, and I’m innocent, so let’s have a trial and keep the faith.” He continued, “My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn’t imagine ourselves living any other way. We will not live on our knees, and you shouldn’t either.”
Comey’s tenure as FBI director from 2013 to 2017 was marked by controversy. He was fired by Trump in the midst of the investigation into Russian interference in the 2016 election, a move that led to the appointment of Special Counsel Robert Mueller. Mueller’s investigation ultimately found insufficient evidence of a criminal conspiracy between Trump’s campaign and Russian officials, but the episode left deep scars on the American political landscape. Comey’s handling of the Clinton email investigation just days before the 2016 election also sparked fierce debate, alienating both Democrats and Republicans at different times.
Since leaving government, Comey has been an outspoken critic of the Trump administration, often appearing in the media and at public events to defend the independence of federal law enforcement. His prosecution is being closely watched by legal experts, political observers, and the public alike, who see it as a test of the justice system’s ability to remain impartial in the face of political pressure.
As the trial date approaches, both sides are preparing for what promises to be a high-profile and contentious courtroom battle. The outcome could have far-reaching implications, not just for James Comey and his family, but for the broader relationship between politics, law enforcement, and the rule of law in the United States.
