Summary

Media caption,

Watch moments from James Comey's 2020 hearing at heart of indictment

  1. A short court hearing which sets up a blockbuster trialpublished at 18:02 BST

    Donald Trump and James Comey in the Oval OfficeImage source, Reuters
    Image caption,

    Trump and Comey - pictured in 2017 before their very public fall out - will effectively go head-to-head in court in January

    Today we heard James Comey, the former head of the FBI, formally deny lying under oath about whether he had previously leaked information to the media about an investigation he was then overseeing.

    He will go head-to-head with the Trump administration in court from 5 January, effectively pitted against a president who has repeatedly framed him as an enemy.

    The president desperately wanted this prosecution but his apparent means of securing it - appointing a friendly lawyer willing to pursue it to a key position - will also come under scrutiny in January.

    Trump has always insisted he does not interfere with the Department of Justice's investigations but we learned today that Comey's legal team will challenge the legality of his prosecutor's appointment, which they hope will fundamentally undermine the case against him.

    Comey was in the courtroom today and will return to appear again in the coming months - but the president's actions may yet be as closely scrutinised as the man he branded a "dirty cop".

    We're pausing our live coverage but you can read more about this story elsewhere on the BBC News website.

  2. Why would Comey challenge the prosecutor's appointment?published at 18:00 BST

    Brandon Drenon
    Reporting from Washington DC

    Patrick Fitzgerald, Comey's lawyer, told the court that he plans to challenge the legality of Lindsey Halligan's appointment and conduct.

    In court, Fitzgerald said he would file a "grand jury abuse" motion, and would also challenge the lawfulness of her appointment.

    We will learn more details of these challenges when Fitzgerald begins filing his motions with the court.

    If Fitzgerald successfully challenges the grounds of Halligan's appointment, it would impact not only Comey's case but could have a knock-on effect on many others in the Eastern District of Virginia.

  3. Who are the unnamed people in Comey's indictment?published at 17:34 BST

    James Comey sitting at a table during a Senate committee hearingImage source, Reuters

    During today's hearing, Comey's lawyer told the judge he still does not know the identities of the two unnamed people referenced in the government's indictment, external against his client.

    That short document alleges, in effect, that Comey knowingly lied to Congress while under oath in 2020 about whether he previously leaked information to the media via "Person 3" regarding an FBI investigation into "Person 1".

    It is widely assumed that Person 1 is Hilary Clinton, as the agency Comey led at the time was investigating claims around the then-presidential candidate's use of a personal email server during her time as US secretary of state in the Obama administration.

    During the hearing, the judge warned the government's lawyers to cooperate with turning over classified documents related to the case to Comey and his legal team, neither of whom have security clearances.

    The fact that they say they still haven't been told the names of those in the indictment is an indication that there may be a lot of wrangling over evidence to come in this case.

  4. Trial by fire for Trump-appointed prosecutorpublished at 17:22 BST

    Kayla Epstein
    US reporter

    Lindsey Halligan in the Oval OfficeImage source, Getty Images

    Lindsey Halligan, the interim US attorney bringing the Comey charges, had never prosecuted a case before Trump appointed her in September.

    Her first major trial will take place under intense scrutiny, and involve significant complexity.

    Comey's case involves classified documents, which will require complicated procedures to disclose and use through the course of the trial.

    The judge has set a swift timeline for the parties to issue motions ahead of a 5 January trial, and has demanded brevity in the legal filings.

    Halligan - who previously handled insurance claims for a Florida law firm - will be facing an experienced former federal prosecutor, Brian Fitzgerald, who will represent Comey.

  5. Analysis

    The Comey trial may yet turn into a de facto Trump trialpublished at 16:54 BST

    Anthony Zurcher
    North America correspondent

    There’s no avoiding it: James Comey’s trial, if it happens, is going to be a spectacle.

    The media crush at the Virginia courthouse today made that abundantly clear - and with a date now set for 5 January, it appears the public won’t have to wait long for the legal fireworks to begin.

    Unlike Donald Trump, whose legal team sought lengthy delays of his prosecutions at every turn, Comey appears to welcome a relatively speedy resolution to this case.

    We also received a hint of his courtroom strategy today: challenging the authority of the Department of Justice lawyers who brought this indictment, and framing the entire proceedings as a "malicious prosecution".

    Trump's public comments and Truth Social posts will no doubt feature prominently in Comey's defence.

    If his legal team has its way and the presiding judge rules in their favour, that could end this case before it ever reaches a jury.

    In the end, it may turn out that Trump and his actions as president are on trial in this case as much as Comey.

    For more stories from the US and around the world, follow BBC News US on WhatsApp.

  6. Comey case is a legal landmark for USpublished at 16:37 BST

    Brandon Drenon
    Reporting from court

    Inside the courtroom, James Comey sat mostly motionless at the defence table as his lawyers hashed out procedural details with the judge and prosecution.

    His loved ones were two rows behind over his left shoulder.

    At one point, Comey’s lawyer Patrick Fitzgerald said it was the "honour of a lifetime" to represent the former head of America's top law enforcement agency.

    This was an historic moment: Fitzgerald, a former US attorney, representing a former FBI boss - against the US government.

  7. Trial date, bail and defence argument - here is what happened in courtpublished at 16:32 BST

    If you're just joining us, here is what we learned during former FBI director James Comey's short appearance in court a short while ago.

    • Comey spoke only to confirm he understood the charges against him and appeared to be in good spirits during the short hearing, during which his lawyer pleaded not guilty on his behalf
    • A jury trial will begin on 5 January and the judge confirmed Comey won't be held in custody in the mean time
    • Comey's lawyers plan to challenge the legality of US attorney Lindsey Halligan’s appointment, a recent Trump appointee who brought the case against him
    • The two sides both agreed to wave a speedy trial, citing complicated and classified evidence that the defence says has not yet been shared with them
    • Judge Michael Nachmanoff warned "there should be no reason this case goes off track" as he told the government's lawyers to cooperate on classified document disclosure
  8. Comey appears to have slipped out of courtpublished at 16:17 BST

    Cai Pigliucci
    Reporting from outside court

    There was a large police presence here at the courthouse until moments ago, when they all got into their cars.

    That could signal that Comey is no longer inside and has left.

    When he arrived, he went inside through a side entrance, away from the eye of the media eagerly awaiting him.

    He may have done the same to leave, though we've had no official confirmation that he has done so.

    We're keeping an eye on Comey’s Instagram page to see if he posts any statement there, as he did the day he was indicted.

  9. No sign of Comey as his family leave courtpublished at 16:09 BST

    James Comey's family leaves courtImage source, Getty Images

    We're still waiting to see if James Comey makes a statement, but his family - including wife Patrice Failor and daughter Maureen - have just left the courthouse.

    His daughter was a federal prosecutor until she was dismissed by the Trump administration in July.

    Last month, she sued the administration, saying her termination was for political reasons and unconstitutional.

    As they walked by, someone shouted: "Thank you for your defence of democracy."

  10. Judge tells both sides to cooperate on classified document accesspublished at 15:54 BST

    Kwasi Gyamfi Asiedu
    Reporting from court

    The judge asked the government to work with the defence to get access to classified documents as quickly as possible.

    "There should be no reason this case goes off track," he said.

    As we reported earlier, Comey's lawyers said they will challenge the legality of Lindsey Halligan's appointment to lead the Eastern District of Virginia.

    Remember, that's the Trump-appointed prosecutor who brought this case against Comey.

    The judge said that argument will have to be heard in a different jurisdiction, by a different judge, as holding it in the Eastern District could create a conflict of interest.

  11. Comey lawyers say government has failed to give access to classified evidencepublished at 15:49 BST

    Brandon Drenon
    Reporting from court

    More detail from inside the courtroom now.

    Judge Michael Nachmanoff appeared to expect both sides to agree to a speedy trial deadline of 17 December. However, Comey's team said they would not be ready by then, and both parties agreed to 5 January for the start.

    Nathaniel Lemons, representing the government, told the judge “we’re just getting our hands around the discovery as well” - which, he added, included some classified material.

    Patrick Fitzgerald, representing Comey, said he did not have access to any of the classified information the government intended to use as evidence, which was part of his reason for wanting to extend the trial start date.

    “We feel the cart has been put before the horse,” Fitzgerald said, referring to the pre-trial material he didn’t have, like access to classified documents.

    Nachmanoff was stern with the prosecution and said: "I will not slow this case down because the government does not promptly turn information over."

  12. Reporters gathering for possible Comey statementpublished at 15:40 BST

    Cai Pigliucci
    Reporting from outside court

    Reporters wait outside court

    We’re now in a huge scrum of reporters waiting for Comey to see if he leaves the building this way.

    He decided not to go in the front entrance when he arrived - but if he wants to make a statement now the hearing has finished, there are microphones already set up here.

  13. Judge asks for speedy submission of motionspublished at 15:38 BST

    Kwasi Gyamfi Asiedu
    Reporting from court

    During the short hearing, the judge warned the prosecution to stay on track with the prompt submission of motions.

    "I will not slow this case down," he said. He also said he did not want briefs of more than 10 pages.

  14. Comey's lawyers indicate their defence strategypublished at 15:37 BST

    Brandon Drenon
    Reporting from court

    Comey's lawyers say they plan to challenge the legality of US attorney Lindsey Halligan’s appointment, who is close to Trump and brought the charges against him.

    The court has also set procedural deadlines for 19 November and 9 December.

  15. Comey won't be held in custodypublished at 15:33 BST

    Kwasi Gyamfi Asiedu
    Reporting from court

    We've also learned that Comey will not be held in custody between now and his trial in the new year.

    Government lawyers confirmed they were not seeking his detention.

  16. Comey trial date set for 5 Januarypublished at 15:30 BST
    Breaking

    Brandon Drenon
    Reporting from court

    After some discussions between legal teams in court, the judge has set 5 January for Comey's trial.

    The hearing has now ended. We'll bring you more details from what happened inside court shortly.

  17. Former FBI director appears to be in good spiritspublished at 15:14 BST

    Kwasi Gyamfi Asiedu
    Reporting from court

    Despite the intense scrutiny on his case, Comey seemed to be in good spirits as he entered the courtroom

    He was chatting with his attorneys and making jokes as they walked in.

  18. Comey wants trial to begin in Decemberpublished at 15:12 BST

    Kwasi Gyamfi Asiedu
    Reporting from court

    Comey was ushered into the courtroom at 09:41 local time, alongside his lawyers Patrick Fitzgerald and Jessica Carmichael.

    After listening to the judge read his rights and the two counts against him, Comey was asked if he understood the charges.

    “I do your honour. Thank you very much," he said.

    Fitzgerald entered the plea on his behalf - which was, as expected, "not guilty".

    His legal team told the judge they are requesting a jury trial to begin on 17 December, though any date will need to be worked out between the two sides and the judge.

  19. Comey pleads not guiltypublished at 15:04 BST
    Breaking

    Kwasi Gyamfi Asiedu
    Reporting from court

    Former FBI director James Comey pleads not guilty and has asked for a jury trial.

    We'll bring you more very soon.

  20. The Biden-appointed judge who will handle Comey’s casepublished at 15:00 BST

    Sakshi Venkatraman
    Live reporter

    The judge hearing today's case is US District Judge Michael S Nachmanoff, a Biden-appointee who is known for his quiet demeanour in court.

    “Always be mindful that judges are no longer advocates,” Nachmanoff said in 2015. “That means that, a lot of the time, they should be quiet and let the lawyers talk.”

    Virginia legal expert Carl Tobias says Nachmanoff has “special expertise” in federal crimes from eight years as a public defender and is respected in the profession.

    But he has attracted the ire of Trump, who described him as a "crooked Joe Biden appointed judge" and has suggested he will be favourable to Comey.

    Nachmanoff has some colourful interests outside the courtroom: he plays guitar in a band and holds a fourth degree black-belt in karate.