James Comey is set to plead not guilty this morning when he’s arraigned on a two-count federal indictment in a Virginia courtroom outside Washington. Beyond that simple procedural step, open questions remain in the criminal case against the former FBI director that President Donald Trump demanded and has now received. Heading into Comey’s arraignment on charges of lying to and obstructing Congress, one major question could help us understand the shape this case will take and whether it will exist as a case for much longer: Will Comey seek to dismiss the case as vindictive?
The former lawman seems to have a decent argument that his case, which centers on congressional testimony he gave in 2020, should be dismissed on the grounds of vindictive prosecution. To be sure, his lawyers can press that claim and others while still retaining his right to a trial. But we’ll see how the defense seeks to prioritize any such motions to dismiss if Comey also wants a speedy trial.
This is a preview of Jordan Rubin's latest column. Read the full column here.
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