James Comey, the former director of the US Federal Bureau of Investigation, has pleaded not guilty to making false statements to lawmakers and obstructing a congressional proceeding.
Mr Comey’s lawyer entered the plea on his behalf in a federal court in Alexandria, Virginia, on Wednesday morning.
Patrick Fitzgerald said he would seek to have the case dismissed for several reasons including that his client, a critic of President Donald Trump, was being targeted.
Mr Comey was indicted a few days after Trump urged his attorney general to take action against him.
A judge set a trial date of 5 January after Mr Comey’s lawyers requested a speedy trial.
Both the prosecution and defence expected the trial to last just two to three days.
In court on Wednesday, Comey’s lawyer Patrick Fitzgerald told the judge they planned to file several motions to dismiss the case before a trial, arguing the prosecution was vindictive and that a US attorney was unlawfully appointed to take over the case.
Mr Comey’s case was originally overseen by Erik Siebert, a Virginia prosecutor who resigned under pressure from Trump after his investigation into another political adversary – New York Attorney General Letitia James – failed to bring criminal charges. Trump then appointed Lindsey Halligan to replace him.
Mr Comey appeared in good spirits as he entered the courtroom on Wednesday, chatting with his attorneys and making jokes. He was joined by his wife, Patrice Failor and daughter Maureen Comey, a federal prosecutor who the Trump administration recently fired.
After listening to the judge read his rights and the two counts against him in court on Wednesday, Mr Comey was asked if he understood the charges.
“I do your honour. Thank you very much,” he told the court.
US District Judge Michael Nachmanoff said the two charges each carry a penalty of up to five years in prison and a fine of up to a $200,000 (£149,442).
Representing the government, Ms Halligan took over the role of top federal prosecutor in Virginia’s eastern district in September.
In less than a week on the job, she secured a grand jury indictment against Mr Comey after prosecutors before her had declined to take on the case due to a lack of evidence.
The hasty turnaround was reflected in Wednesday’s court proceedings, when defence lawyers complained they did not have access to classified documents that prosecutors intended to submit as evidence.
“We feel the cart has been put before the horse,” Mr Fitzgerald said.
Judge Nachmanoff warned the government: “I will not slow this case down because the government does not promptly turn over information.”
Mr Comey was the FBI Director from 2013 to 2017 and was fired about four months into Trump’s first term as president. At the time, Mr Comey was leading an investigation into Russian election interference and whether there were any links between Moscow and Trump’s campaign.
During his tenure, Mr Comey sparked a backlash from Democrats when he announced just days before the 2016 presidential election that he was investigating Democratic candidate Hillary Clinton’s use of a private email server. Charges against Clinton were never brought, leading to criticism from Republicans as well.
Since leaving government, Mr Comey has been an ardent critic of the Trump administration.
The federal government alleges Mr Comey lied to Congress during a Senate Judiciary Committee hearing in September 2020 when he was being questioned about both the Clinton investigation as well as the Russia election probe. They say he misled the Senate by saying he had not authorised someone at the FBI to leak to news outlets information about the FBI investigations.
Prosecutors also accuse Mr Comey of “corruptly endeavor[ing] to influence, obstruct and impede” the panel by making false statements to it.
In a video Mr Comey posted to his Instagram after he was indicted, he said he was innocent and accused Trump of acting like a “tyrant”.
“My family and I have know for years that there are costs to standing up to Donald Trump,” he said. “We will not live on our knees.”
“I’m innocent,” he added. “So let’s have a trial.”
The charges against Mr Comey came after Trump posted on social media demanding his attorney general, Pam Bondi, prosecute Mr Comey and others.
