Former FBI Director James Comey is set to make his first court appearance Wednesday morning in a Justice Department criminal case accusing him of lying to Congress five years ago.
The case has amplified concerns the Justice Department is being weaponized in pursuit of President Donald Trump’s political enemies. Comey is expected to plead not guilty at the federal courthouse in Alexandria, Virginia, kick-starting a process of legal wrangling in which
defense lawyers will almost certainly move to get the indictment dismissed before trial, possibly by arguing the case amounts to a selective or vindictive prosecution.
Here's the latest:
A partisan battle is playing out in a Washington courtroom that could decide the fate of President Trump’s federal law enforcement intervention in the nation’s capital.
Dozens of states have taken sides in a lawsuit challenging the open-ended National Guard deployment in Washington, with their support falling along party lines. It shows how the law enforcement operation in the nation’s capital remains a flashpoint in the Republican president’s broadening campaign to send the military to cities across the country and underscores the deepening divisions over the move.
The lawsuit, filed Sept. 4 by Washington Attorney General Brian Schwalb, challenges the Trump administration’s use of the National Guard in the heavily Democratic city as part of an emergency order issued by Trump to stem what the president called “out of control” crime. Although the order has lapsed, hundreds of troops are still in the city, which is seeking a preliminary injunction to stop the deployment.
▶ Read more about the lawsuit over federal intervention
Michael Nachmanoff has built a quiet reputation in the federal courthouse in northern Virginia — a onetime public defender turned judge known for methodical preparation and a cool temperament. On Wednesday, he finds himself at the center of a political storm: presiding over the Justice Department’s prosecution of former FBI Director James Comey.
Confirmed to the bench by President Joe Biden in 2021, Nachmanoff was randomly assigned to the case after a Virginia grand jury indicted Comey last month on charges including obstruction of a congressional proceeding. The assignment instantly drew President Trump’s attention. Trump, long fixated on Comey, blasted him as a “Dirty Cop” and derided Nachmanoff as a “Crooked Joe Biden appointed Judge” while celebrating the charges as “JUSTICE FOR AMERICA!”
Despite the political noise, lawyers who know Nachmanoff say he is unlikely to be swayed.
▶ Read more about Judge Michael Nachmanoff
President Trump publicly implored Attorney General Pam Bondi to take action against Comey and other perceived adversaries.
The Republican president also replaced the veteran attorney who’d been overseeing the investigation with Lindsey Halligan, a White House aide who had never previously served as a federal prosecutor. Halligan rushed to file charges before a legal deadline lapsed despite warnings from other lawyers in the office that the evidence was insufficient for an indictment.
The two-count indictment alleges Comey made a false statement to the Senate Judiciary Committee on Sept. 30, 2020, by denying he had authorized an associate to serve as an anonymous source to the news media and that he obstructed a congressional proceeding. Comey has denied any wrongdoing and has said he was looking forward to a trial.
▶ Read more about the case against James Comey
11 a.m. ET: The president will receive his intelligence briefing
3 p.m.: Trump will join a round table on Antifa
