James Comey will seem in courtroom for an arraignment Wednesday, after the Justice Division took the unprecedented step of criminally charging the previous FBI director and Trump foe in late September.
Comey was ordered to report back to courtroom in Northern Virginia at 10 a.m., nearly two weeks after a grand jury in the identical federal courthouse indicted him on fees of mendacity to Congress and obstructing a congressional investigation 5 years in the past.
Comey has mentioned he is harmless, saying in a video after he was indicted, “let’s have a trial.”
What is going to occur at Comey’s arraignment?
Throughout the arraignment, U.S. District Choose Michael Nachmanoff will likely formally inform Comey of the fees he faces and provides him a possibility to enter a plea.
The choose might additionally take into account Comey’s phrases of pre-trial launch. On the whole, defendants like Comey who’re advised to self-surrender are launched on their very own recognizance, which means they don’t seem to be required to publish bail, however they generally may be compelled to pay a “recognizance bond” if they do not present as much as courtroom, mentioned Mitchell Epner, a accomplice on the New York regulation agency Kudman Trachten Aloe Posner.
And the choose might set both a trial date or a date to listen to motions. There may be some hypothesis that Comey will file a movement to have the fees dismissed, both by alleging he’s a sufferer of vindictive prosecution or by arguing the U.S. legal professional who introduced the fees, Lindsey Halligan, was appointed invalidly. But it surely’s not clear what his lawyer, former U.S. Legal professional Patrick Fitzgerald, will do.
“Patrick Fitzgerald is a hell of a lawyer, and I’d not wish to pre-guess what technique he’ll comply with right here,” mentioned Epner.
The arraignment will happen in open courtroom, however cameras aren’t allowed.
Sometimes, defendants are additionally booked on the identical day that they give up for his or her arraignment, which might contain authorities taking images and fingerprints and checking for excellent warrants, in keeping with Epner.
Although Comey’s lawyer was issued a summons, FBI management thought of finishing up a “showy” arrest and “perp stroll” earlier than his arraignment, a number of sources accustomed to the matter told CBS News final week. Some FBI supervisors pushed again on the plan, and one was suspended, a supply mentioned.
Epner mentioned: “I am unable to think about a Justice of the Peace signing an arrest warrant at this level.”
The place is Comey’s arraignment happening?
Comey can be arraigned at a courthouse in Alexandria, Virginia, which is a part of the Jap District of Virginia. The case is probably going being heard there as a result of the fees are based mostly on a 2020 Senate listening to that Comey attended remotely from his Virginia house.
If the case goes to trial, Comey will face a jury pool made up of residents of the Washington, D.C., suburbs — an space that typically disfavors President Trump.
Some 62.6% of voters within the japanese district’s Alexandria division voted for Democrat Kamala Harris final 12 months, and 34.1% voted for Mr. Trump. The division consists of Alexandria and several other different cities and counties in northern Virginia.
Who’s the prosecutor, Lindsey Halligan?
The case in opposition to Comey is being overseen by Halligan, the performing U.S. Legal professional for the Jap District of Virginia who was sworn into the role simply days earlier than Comey was indicted.
A former Florida insurance coverage lawyer, Halligan beforehand labored as a private legal professional to Mr. Trump, and was a part of his protection group in a federal case accusing him of mishandling categorized paperwork. Extra not too long ago, Halligan labored as a White Home aide.
She took over the workplace after the resignation of former performing U.S. Legal professional Erik Siebert.
In an uncommon transfer, Halligan has dealt with components of the prosecution herself up to now. She personally signed Comey’s indictment and appeared in court when the grand jury returned the indictment.
Two assistant U.S. attorneys from the Jap District of North Carolina had been additionally added to the case Tuesday: Gabriel Diaz and Nathaniel Lemons.
Who’s Comey’s legal professional, Patrick Fitzgerald?
Comey is being represented by Fitzgerald, a well known legal professional who retired as a accomplice on the regulation agency Skadden, Arps, Slate, Meagher & Flom in 2023.
Fitzgerald was named particular counsel in George W. Bush’s administration, to research a 2003 leak that exposed the identification of CIA officer Valerie Plame. He additionally served as U.S. attorney in Chicago for greater than a decade, overseeing the prosecution of Illinois Gov. Rod Blagojevich.
Who’s Choose Nachmanoff?
Nachmanoff was assigned to supervise Comey’s case. He was nominated to the federal bench by former President Joe Biden in 2021 and confirmed by the Senate in a 52-46 vote. Three Republicans joined all Democrats in voting sure: Sens. Lindsey Graham of South Carolina, Susan Collins of Maine and Lisa Murkowski of Alaska.
Nachmanoff beforehand labored within the district as a public defender and Justice of the Peace choose. Whereas within the latter function, he oversaw the 2019 arraignment of Lev Parnas and Igor Fruman, two gamers in Mr. Trump’s first impeachment who had been charged with marketing campaign finance violations.
Mr. Trump has attacked Nachmanoff, writing on Truth Social that Comey “was simply assigned a Crooked Joe Biden appointed Choose, so he is off to an excellent begin.”
What’s Comey charged with?
The primary depend accuses him of making a false statement in a September 2020 Senate listening to.
Prosecutors allege Comey falsely asserted he had by no means licensed an FBI staffer to function an nameless supply in information stories concerning the bureau’s 2016 investigations into Hillary Clinton. In a testy back-and-forth 5 years in the past, Comey advised Republican Sen. Ted Cruz that he stood by testimony he gave in 2017 through which he mentioned he did not approve any nameless sources.
The indictment doesn’t clarify the substance of the alleged leak or specify which FBI staffer Comey is accused of giving permission to leak.
Cruz’s questions centered on an incident through which Comey and his onetime deputy, Andrew McCabe, gave inconsistent stories a couple of 2016 Wall Road Journal article on one of many FBI’s Clinton probes. McCabe mentioned he advised Comey after the story got here out that McCabe had licensed staffers to speak to the Journal, however Comey says McCabe advised him no such factor. The Justice Division’s inside watchdog sided with Comey and located McCabe lacked candor.
In a CNN interview, McCabe mentioned he hasn’t been approached by the FBI in reference to the Comey probe and doubted the indictment was about him, noting that he did not ask Comey for permission to launch info to the media as a result of he did not want permission.
Comey has additionally been probed by the Justice Division’s watchdog for releasing memos on his interactions with Mr. Trump to his pal, Daniel Richman, who shared their contents to the New York Occasions. The watchdog found Comey violated FBI insurance policies however did not leak categorized materials.
The second depend in opposition to Comey accuses him of obstructing a congressional continuing by “making false and deceptive statements” in the identical 2020 listening to.
And in a rare move, the grand jury declined to indict him on an extra depend of mendacity to Congress within the 2020 listening to, regarding testimony Comey gave lawmakers that he did not keep in mind getting a tip from the intelligence group referring to Hillary Clinton and Mr. Trump.
Many critics imagine the Comey indictment is the results of Mr. Trump’s dedication to punish a longtime political foe. The president fired Comey in 2017, and the 2 have traded barbs since then. Mr. Trump publicly urged Legal professional Normal Pam Bondi to look into Comey earlier than he was charged, and the president celebrated the indictment shortly after it was handed down.
Earlier than Comey was charged, some workers within the Workplace of the U.S. Legal professional within the Jap District of Virginia circulated a memo arguing fees shouldn’t be introduced, a Justice Division supply accustomed to the matter told CBS News.
The Justice Division has defended its dealing with of the case. After Comey was indicted, Bondi mentioned in a statement the transfer “displays this Division of Justice’s dedication to holding those that abuse positions of energy accountable for deceptive the American individuals.”
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Daniel Klaidman and
contributed to this report.
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