Can James Comey be arrested? Former FBI chief pleads not guilty in case pushed by Trump

Donald Trump (left) and James Comey

Former FBI Director James Comey appeared in federal court in Alexandria, Virginia, on Wednesday, where his attorney, Patrick Fitzgerald, entered a plea of not guilty on his behalf. The 64-year-old former bureau chief, a frequent critic of President Donald Trump, faces two felony counts -- allegedly making false statements to Congress and obstructing a congressional proceeding.

Asked by District Judge Michael Nachmanoff if he understood the charges, Comey replied simply, “I do, your honor. Thank you very much.” The judge scheduled the trial for January 5 and allowed Comey to remain free without any conditions attached.

Because Comey has been fully cooperative, legal observers say an arrest is improbable at this stage, reported Hindustan Times. In such cases, unless the defendant poses a risk of flight or noncompliance, immediate arrest is generally unnecessary. The charges -- filed in the Eastern District of Virginia -- carry a potential sentence of up to ten years in prison if he is found guilty.

The indictment centers on sworn testimony Comey gave before the Senate Judiciary Committee in 2020 about the FBI’s investigation into Russian interference in the 2016 election. Prosecutors allege he falsely stated that he “had not authorized another FBI employee to be an anonymous source in news reports.” The indictment also accuses him of obstructing a congressional proceeding, but it does not identify the alleged associate or clarify what information was discussed with the press.

Comey’s attorney said he would file a motion to dismiss the case, arguing that it represents “a vindictive and selective prosecution.” Fitzgerald also plans to challenge what he described as the illegal appointment of Lindsey Halligan, the former Trump attorney who brought the case to a grand jury after replacing U.S. Attorney Erik Siebert -- who had reportedly declined to pursue charges, citing insufficient evidence.

The prosecution has been widely viewed as a continuation of Trump’s push to punish those he considers political enemies. “My family and I have known for years that there are costs to standing up to Donald Trump,” Comey said following the indictment. His wife, Patrice Failor, and daughter, Maurene Comey -- who was recently dismissed as a federal prosecutor and has sued the Justice Department -- attended the arraignment in support.

Trump, now 79 and the first convicted felon to serve as U.S. president, hailed the indictment, calling Comey “one of the worst human beings this country has ever been exposed to.” Since returning to office in January, Trump has taken several punitive steps against perceived opponents, including the removal of officials deemed disloyal and the defunding of institutions he views as hostile.

The judge overseeing Comey’s case, Michael Nachmanoff, was appointed by President Joe Biden and previously served as a federal public defender. Whether Comey will ever face arrest depends largely on how the case unfolds -- but for now, his voluntary appearance in court and compliance with proceedings make it highly unlikely that any warrant will be issued.