Former FBI Director James Comey is set to appear for his arraignment on Wednesday (October 8) after being indicted by the Justice Department in late September. CBS News' Scott MacFarlane has more on what to expect.

Alexandria

Former FBI Director James Comey is scheduled to appear in a federal court in Alexandria, Virginia, to be arraigned on two charges: obstruction of Congress and making false statements related to his 2020 testimony. The charges stem from an indictment brought after public comments and social media posts by then-President Trump, who called for legal action against Comey.

Comey has denied any wrongdoing and is expected to plead not guilty. Legal analysts note that Comey may argue he is the victim of selective prosecution and could seek to have the case dismissed. The indictment has generated significant public and political reaction, with supporters and critics of the president expressing strong views.

Ex-FBI Director James Comey set to be arraigned

Former FBI Director James Comey is scheduled to make his first court appearance on his indictment later this morning. The Trump administration has accused him of lying to Congress in 2020. CBS News legal contributor Jessica Levenson tells us that President's public comments about Comey could play a role in this case. One with James Comey arguing that he's the victim of selective prosecution, even though that is a high bar to prove, and two, he can bring essentially a motion to dismiss saying that this case never should have been brought in the first place and that there's not enough here to even proceed. CBS News Justice Correspondent Scott McFarlane joins us from outside the federal courthouse in Alexandria, Virginia. Scott, good morning. So what can we expect from today's arraignment? Hey, Errol. Good morning. Should be a very brief hearing, probably five to 10 minutes. The arraignment means James Comey has this opportunity to plead not guilty, and they'll read these two charges to him, two federal charges, one obstruction of Congress, the other one making a false statement in connection to testimony Comey gave to Congress in 2020. Comey has long denied all wrongdoing, but the hearing itself isn't so much the thing here today as the theater of this. He's going to have to walk through the front door of this courthouse likely in front of all these cameras as a criminal defendant, a former FBI director, now a criminal defendant going into a courtroom to be fingerprinted, to have his booking photo taken, and to face a judge. That moment is going to be indelible, and it's why this case has already unleashed a firestorm, Errol, with the president celebrating it and the president's critics absolutely denouncing it. And on that point, Scott, Attorney General Pam Bondi was pressed on this case during a Senate hearing yesterday. How exactly did she respond? She was pressed on it because the case was filed just days after President Trump posted on social media a direction to Bondi to file a case against James Comey. Listen to this exchange with Democratic senators from Tuesday. James Comey is a pending case right now. It's a pending indictment. He was indicted by one of the most liberal grand juries in the country by our U.S. attorney Lindsey Halligan. I'm not going to discuss the facts of a pending case. There are some bear traps laid in that response. A liberal grand jury is a supposition that may be unjustified because the identities of the grand jury remain confidential, remain secretive. What's more, there's no indication this grand jury had a political bias in anything it did. But nevertheless, the grand jury did return the indictment, and it's possible, Errol, before this week is over, James Comey seeks to dismiss this case, arguing vindictive or selective prosecution. All right. Scott McFarlane, thanks.

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