Comey arraigned in EDVA case; pleads not guilty before Judge Nachmanoff
Former FBI Director James Comey was arraigned Wednesday in the Eastern District of Virginia before U.S. District Judge Michael S. Nachmanoff on a two‑count indictment alleging he made a materially false statement to Congress and obstructed a Senate Judiciary Committee proceeding; Comey pleaded not guilty, was released with no conditions, and a trial date was set for January 5, 2026. The indictment — returned by a Northern Virginia grand jury after a proposed third count failed to pass — was filed by Acting U.S. Attorney Lindsey Halligan following the resignation of her predecessor, despite memos from career prosecutors advising against charges, and has unfolded amid intense political scrutiny and reactions.
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📌 Key Facts
- A Northern Virginia grand jury returned a two‑count indictment charging former FBI Director James Comey with making a materially false statement to Congress and obstructing a congressional proceeding, tied to his Sept. 30, 2020 testimony that he had not authorized an FBI associate to serve as an anonymous media source; a proposed third count was rejected (14 of 23 jurors voted to true‑bill the two counts).
- The indictment was filed at the end of September 2025 under a compressed timeline because prosecutors raced to act before the five‑year statute‑of‑limitations on the alleged conduct expired; the charging document is brief (reported as two pages) and has been described in news coverage as sparse in detail.
- Prosecutorial turmoil accompanied the filing: career prosecutors in the Eastern District of Virginia reportedly recommended against charging and documented concerns in a memo; U.S. Attorney Erik Siebert resigned after expressing doubts and Lindsey Halligan — a recent White House aide and former Trump lawyer — was installed as acting U.S. Attorney and personally signed the indictment, bringing in additional prosecutors from North Carolina to assist.
- James Comey appeared for arraignment in Alexandria, Va., on Oct. 8, 2025 before U.S. District Judge Michael S. Nachmanoff (a Biden appointee and former federal public defender), pleaded not guilty, was released on his own recognizance, and the court set a trial date of Jan. 5, 2026.
- Comey publicly denied the charges in an Instagram video and other statements — saying "I'm innocent" and "I'm not afraid" and inviting a trial — and is represented by defense lawyer Patrick J. Fitzgerald, who said he will seek to vindicate him in court.
- The prosecution prompted immediate partisan reactions: President Trump celebrated the indictment and publicly called Comey a "dirty cop" while Democrats and some legal commentators called the move politically motivated; legal experts said the president's repeated public attacks could be invoked by the defense as evidence of vindictive or politically driven prosecution.
- Court and operational irregularities were reported: two different versions of the indictment (two‑count and three‑count) briefly appeared on the docket, drawing judicial scrutiny; separately, reports that the FBI considered staging a public "perp walk" for Comey led to internal resistance (one agent suspended), though DOJ and FBI officials later dismissed those reports as gossip.
- News analysis and legal commentary highlighted that perjury/false‑statement charges are difficult to prove because prosecutors must show the defendant knew a statement was false when made, and many current and former prosecutors viewed the underlying case as legally challenging; major outlets published the indictment (including annotated versions) for public review.
📊 Analysis & Commentary (2)
Playbook: Comey indictment stuns Washington
"A Politico Playbook analysis argues the Comey indictment is a watershed example of the Trump administration's widening retribution campaign — using DOJ power to target political foes — and warns it threatens DOJ independence and the rule of law while deepening partisan divides."
The case against Comey
"The Politico Playbook piece critiques the indictment and arraignment of James Comey as a politically driven, norm‑shattering prosecution—fueled by White House personnel moves in the Eastern District of Virginia—even as it recognizes the formal legal processes (grand jury, arraignment) are underway."
📰 Sources (42)
James Comey pleads not guilty in first court appearance
New information:
- James Comey appeared for his first court proceeding (arraignment) and pleaded not guilty.
- CBS frames the charges as stemming from congressional testimony five years ago (2020) and notes DOJ filed the case in late September.
Comey pleads not guilty in case his lawyers say is politically motivated
New information:
- James Comey was arraigned on Wednesday and pleaded not guilty.
- Charges were brought by EDVA U.S. Attorney Lindsay Halligan, whom PBS notes replaced a predecessor ousted after refusing to charge Comey.
- The indictment alleges Comey lied to Congress five years ago.
Who is the judge overseeing the Trump administration’s case against James Comey?
New information:
- Presiding judge identified as U.S. District Judge Michael Nachmanoff (age 57).
- Nachmanoff's background: former Eastern District of Virginia top federal public defender, served six years as a magistrate judge, nominated to the bench by President Joe Biden in 2021.
- Notable prior actions: argued and won a Supreme Court case reducing racial disparities in crack sentencing; oversaw first appearances of Lev Parnas and Igor Fruman in 2019; refused to block the CIA from firing Dr. Terry Adirim.
- Contemporaneous reactions: lawyers quoted (Nina Ginsberg, Timothy Belevetz) praising his preparation, temperament and impartiality; President Trump publicly criticized the judge on social media.
Former FBI director Comey pleads not guilty to federal charges of lying to Congress
New information:
- Arraignment occurred in federal court in Alexandria, Virginia, on Oct. 8, 2025.
- U.S. District judge set a trial date of January 5, 2026.
- Comey was ordered released with no conditions.
- Defense lawyer Pat Fitzgerald publicly said he would represent Comey and was quoted at the courthouse.
- Article reports that Acting U.S. Attorney Lindsey Halligan has brought in prosecutors from North Carolina to assist (context on prosecutorial team staffing).
James Comey pleads not guilty to charges brought by Trump's DOJ
New information:
- James Comey formally pleaded not guilty to two federal counts in federal court.
- The plea was entered on Wednesday following an indictment by the Justice Department in September.
- CBS News published video coverage of the court appearance (reporters Scott MacFarlane and Caroline Polisi).
Comey is in court to face a Trump Justice Department case accusing him of lying to Congress
New information:
- Arraignment coverage dated Oct. 8, 2025 with Comey arriving in court and expected to plead not guilty.
- Judge Michael S. Nachmanoff noted as the randomly assigned judge, with background that he was nominated by President Biden and is a former chief federal defender; President Trump publicly derided the judge.
- Details about family presence: Comey family members attended, including daughter Maurene (reported to have been fired earlier this year from a DOJ prosecutor position) and son‑in‑law Troy Edwards Jr., who resigned his prosecutor job minutes after the indictment.
- Restatement that the indictment alleges Comey denied authorizing an associate to serve as an anonymous media source and obstructing a congressional proceeding; article reiterates timeline in which Lindsey Halligan replaced the prior U.S. attorney and filed charges before a statute‑of‑limitations deadline.
Trump’s attacks on Comey may undermine the case against him.
New information:
- Documentation of President Trump’s recent social-media posts that explicitly prejudged Comey’s guilt (including a quoted post: 'Whether you like Corrupt James Comey or not... HE LIED!') and explanation that those public statements could bolster a vindictive-prosecution defense.
- Analysis by NYT legal reporters that defense lawyers may use the president’s repeated public attacks as the basis to argue improper political pressure on DOJ (a potential avenue to seek dismissal or other relief).
Here’s the latest.
New information:
- Live account confirming Comey is set to be arraigned Wednesday morning in federal court in Alexandria, Va., where Judge Michael S. Nachmanoff will hear the charges and request a plea.
- Context that the prosecutor who handled the case, Lindsey Halligan, was hastily installed as U.S. attorney after her predecessor found insufficient evidence to indict.
- Quotations and citation of President Trump’s recent social‑media posts asserting Comey 'lied,' underscoring potential grounds for a vindictive‑prosecution defense argument.
- Reporting emphasis that many current and former prosecutors view the case as difficult to prove, noting the unusual political backdrop to the prosecution.
What are the charges against Comey?
New information:
- The indictment specifically alleges Comey told a senator on Sept. 30, 2020 that he had not 'authorized someone else at the F.B.I. to be an anonymous source in news reports' when, the indictment claims, he had authorized such a source.
- The article characterizes the indictment as 'extremely sparse' and notes the obstruction count as vague — asserting 'false and misleading statements' without elaborating details.
- Confirms the indictment was obtained by Lindsey Halligan, a recently installed acting U.S. attorney whose appointment followed resistance from career prosecutors.
- Notes the statutory‑limitations context (the Sept. 30, 2020 testimony timeframe) and that a proposed third charge was rejected by the grand jury.
How flights are impacted by the government shutdown. And, James Comey's arraignment
New information:
- Comey is indicted on two felony charges: making a false statement to Congress (five years prior) and obstructing a congressional investigation.
- The indictment is described in reporting as two pages long.
- In court, Comey is expected to formally enter a not guilty plea at his arraignment.
Ex-FBI chief James Comey in court today for arraignment — here's what to expect
New information:
- Arraignment logistics: Comey was ordered to report to the Alexandria (Eastern District of Virginia) courthouse at 10 a.m.; Judge Michael Nachmanoff will likely inform Comey of charges and take a plea.
- Prosecutorial staffing: Two assistant U.S. attorneys added to the case Tuesday — Gabriel Diaz and Nathaniel Lemons (from the Eastern District of North Carolina).
- Prosecutor background and role: Lindsey Halligan personally signed the indictment, was sworn in as acting U.S. attorney days before the indictment, and has handled parts of the prosecution.
- Defense and process notes: Defense counsel Patrick Fitzgerald is representing Comey; the article outlines likely procedural steps (release on recognizance, possible booking, fingerprinting) and speculates on potential motions (e.g., dismissal arguments about vindictive prosecution or Halligan’s appointment).
- Jury‑pool note: The piece cites recent voting patterns for the Alexandria division (62.6% voted for Democrat Kamala Harris vs. 34.1% for Trump) as context for potential jury composition.
A veteran defense lawyer turned judge will oversee the case against ex-FBI director James Comey
New information:
- Federal judge Michael Nachmanoff has been randomly assigned to preside over the DOJ prosecution of former FBI director James Comey (assignment reported Oct. 8, 2025).
- Nachmanoff is a 57-year-old Biden appointee (confirmed 2021), former federal public defender and magistrate judge who won a Supreme Court case on crack‑cocaine sentencing disparities.
- Article cites specific past rulings and appearances he handled (e.g., first appearances of Lev Parnas and Igor Fruman in 2019; refused to block CIA firing of Dr. Terry Adirim).
- Political reactions are noted: President Trump publicly criticized the assignment; defense attorneys quoted praise Nachmanoff’s impartiality.
Comey to make first court appearance in Justice Department case accusing him of lying to Congress
New information:
- Confirms Comey is expected to appear in federal court and to plead not guilty at the arraignment.
- Recaps indictment specifics: alleges Comey denied authorizing an associate to serve as an anonymous source to the media during his Sept. 30, 2020 testimony and charges obstruction of a congressional proceeding.
- Provides context on DOJ staffing/prosecutorial changes: notes Lindsey Halligan replaced the prior lead prosecutor and that charges were filed under a rushed timeline amid internal warnings.
- Notes the judge assigned (Michael Nachmanoff) is a Biden appointee and records President Trump’s critical reaction to that assignment.
Patel dismisses perp walk rumors, says no 'theater' in Comey indictment
New information:
- Deputy Attorney General Todd Blanche and FBI Director Kash Patel publicly and directly dismissed media reports of a planned 'perp walk' for James Comey during an on‑camera Fox News Digital interview at the FBI's Chicago field office.
- Blanche labeled the perp‑walk rumors 'gossip' and said Mr. Comey 'has been directed to appear' and is expected to do so, framing the reports as distractions.
- Patel said the media coverage was a 'detraction' from ongoing FBI work (cited Operation Midway Blitz) and stated 'We're not about theater...we're about producing our results in court.'
FBI weighing a perp walk for Comey — and suspended an agent for refusing to
New information:
- FBI leadership discussed staging a public arrest ('perp walk') of James Comey rather than waiting for his voluntary court appearance.
- Plan details included assembling 'large, beefy' agents in Kevlar and exterior FBI‑marked gear to conduct the arrest.
- Supervisory special agent Chris Ray refused to participate, deeming it inappropriate for a white‑collar defendant, and was suspended for insubordination.
- Other FBI supervisors also refused to cooperate; FBI is reported to be actively working to assemble a team to carry out an arrest before Comey’s Oct. 9 arraignment.
A tale of two indictments: Top Dems say ‘no one is above the law’ on Trump, but decry Comey case
New information:
- Compiles contemporaneous reactions from senior Democrats (Biden, Pelosi, Schumer, Kaine, Warner) characterizing the Comey indictment as political payback
- Attributes direct quotes from Schumer on NBC ('no faith in Trump’s judicial system') and from Trump defending the Comey indictment as 'about justice...not revenge'
- Frames the Comey indictment in contrast to Democratic praise of Trump's conviction as proof 'no one is above the law,' highlighting partisan divide
Some Democrats scouring their finances for fear of a Trump prosecution: "No one is safe"
New information:
- Multiple House Democrats are actively reviewing personal finances (mortgages, tax returns) in response to the Comey indictment out of fear of politically motivated prosecutions.
- Some Democratic members have purchased or are exploring professional/ liability insurance to protect against potential legal actions.
- Direct quotes from members (Jared Huffman, Greg Landsman, Gil Cisneros, Joe Morelle) expressing fear that 'no one is safe' and describing specific defensive steps.
Michael Cohen stuns MSNBC panel with statement about James Comey indictment
New information:
- Michael Cohen publicly told an MSNBC panel he believes James Comey "likely committed a crime" and said he "believe[s] likely he will be found guilty."
- The comments occurred during a live MSNBC panel with Elise Jordan, Ayman Mohyeldin and Molly Jong‑Fast, who visibly reacted to Cohen's assertion.
- Cohen framed his view by saying the government already has "hundreds of thousands of documents" and argued DOJ has been "weaponized," a line he used to contextualize his belief about the indictment's prospects.
Sen. Amy Klobuchar says Trump administration's prosecutions are "weaponizing the Justice Department"
New information:
- Sen. Amy Klobuchar publicly characterized the Trump administration as 'weaponizing the Justice Department' in reaction to the James Comey indictment.
- The remark was made on CBS's 'Face the Nation with Margaret Brennan' and ties public criticism to the recent forced resignation of prosecutor Eric Siebert.
Trump’s Repeated Attacks May Undercut Case Against Comey
New information:
- Documents and quotes showing President Trump publicly pre‑judged Comey’s guilt and directly ordered Attorney General Pam Bondi to prosecute Comey, Letitia James and Adam Schiff.
- Legal experts quoted (Joyce Vance, Samuel W. Buell) arguing Trump’s repeated public attacks could be invoked by the defense as evidence of vindictive or politically motivated prosecution.
- Specific framing that defense teams might use a vindictive‑prosecution argument tied to the president’s statements, potentially affecting motions or trial strategy.
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