Ex-FBI director James Comey to appear in court on lying to Congress charge

The former FBI director James Comey is set to make his first appearance in court on Wednesday in connection with federal charges that he lied to Congress in 2020.

Comey will be booked and fingerprinted, which is normal practice for defendants, at the federal courthouse in Alexandria, Virginia, before being arraigned and formally read the charges against him by US district judge Michael Nachmanoff. Nachmanoff was appointed to the federal bench by Joe Biden in 2021.

The FBI has reportedly been weighing whether to submit Comey to a “perp walk” in which they would parade him in front of media cameras. An FBI agent was reportedly relieved of duty for refusing to participate in such an effort.

The brief indictment handed down by a federal grand jury on 25 September accused Comey of making a false statement and obstructing a congressional investigation in connection with his September 2020 testimony to Congress. While the details of the charge remain unclear, they appear to be related to his claim that he never authorized anyone in the FBI to be an anonymous source in news stories. “I have great confidence in the federal judicial system and I’m innocent. So let’s have a trial. And keep the faith,” Comey said in a video statement the night the charges were filed.

The case against Comey marks a significant step in Donald Trump’s effort to politicize the justice department and punish his political enemies. Even though the attorney general and top justice department officials are political appointees, the department has typically operated at arm’s length from the White House in order to preserve independent decision-making necessary to uphold the rule of law. Trump has upended that norm and has said more charges are coming.

Trump fired Comey in 2017 and has fumed at the former FBI director for years for his role in investigating connections between Trump’s 2016 campaign and Russia. Comey’s firing eventually prompted the appointment of special counsel Robert Mueller to take over the investigation. Mueller’s final report detailed numerous instances in which Trump attempted to influence the investigation.

Trump forced out Erik Siebert, the top federal prosecutor in the eastern district of Virginia, after Siebert determined there wasn’t sufficient evidence to bring charges against Letitia James, New York’s attorney general. At Trump’s request, the justice department replaced him with Lindsey Halligan, a White House aide who was part of Trump’s personal legal team and has no prosecutorial experience.

Career prosecutors in the eastern district of Virginia reportedly presented Halligan with a memo outlining why charges against Comey were not warranted. In an unusual move, Halligan presented the case herself to a federal grand jury, which handed down the indictment just a few days after she started on the job.

No career prosecutors from the eastern district of Virginia have entered an appearance in the case. Instead, two prosecutors from the eastern district of North Carolina, Nathaniel Lemons and Gabriel Diaz, will join Halligan in handling the case.

Two other prosecutors in the eastern district of Virginia have been fired since the charges against Comey were filed. The prosecutors, Maya Song, a top Siebert deputy, and Michael Ben’Ary, a top national security prosecutor, both at one point had worked under Lisa Monaco, a top official in the justice department under the Biden administration.

Trump has also put pressure on the office to file charges against James over specious allegations that the New York attorney general committed mortgage fraud.

“We can’t delay any longer, it’s killing our reputation and credibility,” Trump told Bondi in a brazen 20 September post on Truth Social, asking her to bring charges against Comey, James, and California senator Adam Schiff. “JUSTICE MUST BE SERVED, NOW!!!”

Elizabeth Yusi, a top prosecutor in the office, plans to present the case to Halligan soon that there is no probable cause to file charges against James. Colleagues expect Yusi to be fired.