A MARTÍNEZ, HOST:
Today, the former director of the FBI will appear in a federal courthouse for arraignment on two felony charges.
MICHEL MARTIN, HOST:
James Comey has been a fierce critic of President Trump and was a top official in the Justice Department that's now prosecuting him. Comey's arraignment comes a day after the attorney general, Pam Bondi, refused to tell senators whether she talked with Trump about bringing charges against Comey.
MARTÍNEZ: NPR's Carrie Johnson is following this. So, Carrie, what will you be watching for in court today?
CARRIE JOHNSON, BYLINE: This is really just the beginning of the legal process. The former FBI director Jim Comey will be read the charges against him and perhaps learn a bit more detail about them. A grand jury in Alexandria, Virginia, approved two charges against Comey and rejected a third one. The charges that stuck are one count of allegedly making a false statement to Congress five years ago, and one count of obstructing the congressional investigation. This indictment came down only days before the statute of limitations had been set to expire and only after President Trump had publicly pressured the Justice Department to hurry up with the case. In court today, Comey can formally enter a plea, which we expect to be not guilty. Here's a recent video statement from Comey.
(SOUNDBITE OF ARCHIVED RECORDING)
JIM COMEY: My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system, and I'm innocent. So let's have a trial.
MARTÍNEZ: Now, Carrie, I remember reading the actual indictment. It was a quick read, light on specific details. What do we know about what evidence prosecutors have gathered?
JOHNSON: It's really been hard to tell exactly which facts gave rise to these charges. They seem to be about a media leak several years ago. And people who worked inside the Justice Department, both Republicans and Democrats, have been publicly doubting the strength of this case. For example, Andy McCarthy at the National Review has been very skeptical the case will even get to a trial.
Remember, last month career prosecutors in Virginia said it did not meet the bar for indictment. Then the White House forced out the leader of the office and installed one of the president's former personal attorneys, Lindsey Halligan. Halligan seems to have appeared before this grand jury herself, even though she has no prosecutorial experience. We learned overnight she's bringing in two prosecutors from North Carolina to help with the Comey case, suggesting perhaps no one in Virginia wanted to touch it. And they're going to be facing off against Comey's lawyer Pat Fitzgerald who once prosecuted major national security and corruption cases.
MARTÍNEZ: Now, President Trump has called James Comey some insulting names. He's said he's a dirty cop. How will the president factor into this criminal prosecution?
JOHNSON: Donald Trump will not be in the courtroom, but he could be a main character, especially if Comey and his lawyer decide to make an argument about selective or vindictive prosecution basically that Comey would not have been prosecuted except for Trump's antagonism. The president's own words on social media and video could help advance that argument. Attorney General Pam Bondi got a lot of questions about Trump's remarks on Capitol Hill yesterday. Here's a listen.
(SOUNDBITE OF ARCHIVED RECORDING)
PAM BONDI: President Trump is the most transparent president in American history, and I don't think he said anything that he hasn't said for years.
JOHNSON: Now, of course, Jim Comey could also challenge the indictment itself because it seems some odd things may have happened before the grand jury, like the new prosecutor signing documents that conflicted with each other. Comey could also argue that Lindsey Halligan, the U.S. attorney in Virginia, was not legally appointed, so anything she did, including this indictment, would not be valid.
MARTÍNEZ: Lots to look out for. That's NPR's Carrie Johnson. Carrie, thanks.
JOHNSON: Thank you. Transcript provided by NPR, Copyright NPR.
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