Former FBI Director James Comey will be arraigned in federal court Wednesday morning after being indicted on charges of alleged false statements and obstruction of a congressional proceeding.

Comey has said he is innocent.

The former FBI director is set to have his first court appearance at 10 a.m. Eastern Time in the Albert V. Bryan United States Courthouse in the Eastern District of Virginia.

The judge presiding over the hearing is District Judge Michael S. Nachmanoff.

Comey was indicted in September by a federal grand jury on two counts: alleged false statements within jurisdiction of the legislative branch and obstruction of a congressional proceeding.

The indictment alleges that Comey obstructed a congressional investigation into the disclosure of sensitive information in violation of 18 USC 1505.

The indictment also alleges Comey made a false statement when he stated he did not authorize someone at the FBI to be an anonymous source. According to the indictment, that statement was false.

Fox News Digital exclusively reported in July that Comey was under criminal investigation by the FBI. The probe into Comey centered on whether he lied to Congress during his Sept. 30, 2020, testimony about his handling of the original Trump–Russia probe at the FBI, known inside the bureau as ‘Crossfire Hurricane.’

‘No one is above the law,’ Attorney General Pam Bondi said on X after the indictment, adding that it ‘reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people. We will follow the facts in this case.’

FBI Director Kash Patel said ‘previous corrupt leadership and their enablers weaponized federal law enforcement, damaging once proud institutions and severely eroding public trust.’

‘Every day, we continue the fight to earn that trust back, and under my leadership, this FBI will confront the problem head-on,’ Patel said. ‘Nowhere was this politicization of law enforcement more blatant than during the Russiagate hoax, a disgraceful chapter in history we continue to investigate and expose.’

He added: ‘Everyone, especially those in positions of power, will be held to account – no matter their perch.’

Comey, after being indicted, posted an Instagram video, denying the allegations.

‘My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn’t imagine ourselves living any other way,’ he said. ‘We will not live on our knees, and you shouldn’t either. Somebody that I love dearly recently said that fear is the tool of a tyrant, and she’s right.’

‘But I’m not afraid,’ Comey added.

‘My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system and I am innocent, so let’s have a trial and keep the faith,’ Comey said.

Fox News Digital also exclusively reported that former CIA Director John Brennan is under criminal investigation related to the Trump–Russia probe. 

Under federal law, prosecutors have five years to bring a charge, with the five-year mark occurring Tuesday.

The case is being handled by the U.S. Attorney’s Office for the Eastern District of Virginia.

The FBI opened its Trump-Russia probe in July 2016, known inside the bureau as ‘Crossfire Hurricane.’ 

President Donald Trump, during his first term, fired Comey in May 2017. 

Days later, Robert Mueller was appointed special counsel to take over the FBI’s original ‘Crossfire Hurricane’ investigation.

After nearly two years, former Special Counsel Robert Mueller’s investigation, which concluded in March 2019, yielded no evidence of criminal conspiracy or coordination between the Trump campaign and Russian officials during the 2016 presidential election.

Shortly after, John Durham was appointed as special counsel to investigate the origins of the ‘Crossfire Hurricane’ probe.

Durham found that the FBI ‘failed to act’ on a ‘clear warning sign’ that the bureau was the ‘target’ of a Clinton-led effort to ‘manipulate or influence the law enforcement process for political purposes’ ahead of the 2016 presidential election.

‘The aforementioned facts reflect a rather startling and inexplicable failure to adequately consider and incorporate the Clinton Plan intelligence into the FBI’s investigative decision-making in the Crossfire Hurricane investigation,’ Durham’s report states.

‘Indeed, had the FBI opened the Crossfire Hurricane investigation as an assessment and, in turn, gathered and analyzed data in concert with the information from the Clinton Plan intelligence, it is likely that the information received would have been examined, at a minimum, with a more critical eye,’ the report continued.

Durham, in his report, said the FBI ‘failed to act on what should have been — when combined with other incontrovertible facts — a clear warning sign that the FBI might then be the target of an effort to manipulate or influence the law enforcement process for political purposes during the 2016 presidential election.’

An expected sixth vote to reopen the government didn’t come to fruition on Tuesday, but lawmakers face a new wrinkle: the possibility that furloughed employees won’t be paid. 

The government shutdown marched into its seventh day with both Senate Republicans and Democrats still at odds on a path forward, and no real clear end in sight. The Senate was expected to vote on the GOP’s plan again, but no agreement could be reached to bring the bill, along with the Democrats’ counter-proposal, to the floor. 

Both sides are still entrenched in their positions, too. Senate Democrats want a firm deal on the extension of expiring ObamaCare tax credits to earn their votes to reopen the government, while Senate Republicans have promised that negotiations on the credits can happen once the government is open again.

Lawmakers failed to hold a sixth vote to reopen the government Tuesday as a new White House memo warned that furloughed workers may not get paid.

Senate Minority Leader Chuck Schumer, D-N.Y., has continued to ramp up his messaging that Americans broadly support their push, and blamed House Speaker Mike Johnson, R-La., and House Republicans for not being in session as a major roadblock to progress. 

‘Hundreds of thousands of federal workers are furloughed and thousands more are working without pay. And meanwhile, House Republicans are getting paid and not working,’ Schumer said. ‘So federal workers working and not getting paid. House Republicans paid and not working. Very bad. Very bad thing for them. Very bad picture for them.’

While lawmakers traded barbs and discussed an off-ramp on Capitol Hill, the latest memo from the White House, first reported by Axios, signaled that up to 750,000 nonessential furloughed federal workers may not be paid.

The memo adds fresh uncertainty for hundreds of thousands of federal employees caught in the political crossfire.

When asked if it was the White House’s position whether federal workers should be paid back pay, President Donald Trump said, ‘I would say it depends on who we’re talking about.’

‘I can tell you this,’ Trump said. ‘The Democrats have put a lot of people in great risk and jeopardy, but it really depends on who you’re talking about. But for the most part, we’re going to take care of our people. There are some people that really don’t deserve to be taken care of, and we’ll take care of them in a different way.’

Many lawmakers had just learned about the memo as of Tuesday afternoon. It suggested that a 2019 law signed by Trump that guaranteed back pay for furloughed workers in future shutdowns may not have to be followed.

‘I just heard that,’ Sen. Shelley Moore Capito, R-W.V., said. ‘My phones are lighting up.’

When asked if the memo hurt or helped talks, she said, ‘It could get more urgent, it also could tick a lot of people off.’

Sen. Thom Tillis, R-N.C., said that the memo was ‘probably not a good message to send right now to people who are not being paid.’

‘I’m not an attorney, but I think it’s bad strategy to even say that sort of stuff,’ Tillis said. ‘We got a lot of hard-working people there on the sidelines now because the Democrats have put them there.’

Sen. Susan Collins, R-Maine, said that she believed that issue had been settled with the 2019 law, but as a ‘back up,’ Congress could pass a bill that any ‘obligations that were incurred during the shutdown are authorized to be paid.’

And Sen. Brian Schatz, D-Hawaii, argued that regardless of the memo, the law said ‘shall.’

‘I left my law degree in the car, but ‘shall’ is relatively straightforward,’ he said. ‘I think it doesn’t matter at all, because we’re fighting for healthcare.’

The latest pressure tactic on Senate Democrats comes after the Office of Management and Budget (OMB) directed in a previous memo that mass firings could be on the horizon beyond the typical furloughs during a shutdown.

It also comes after OMB Director Russ Vought announced nearly $30 billion in federal funding was set to be withheld from blue cities and states. 

Both Johnson and Senate Majority Leader John Thune, R-S.D., wanted to see federal workers get paid, but contended that the issue would go away if Schumer and Senate Democrats reopened the government.

‘My assumption is that furloughed workers will get back pay,’ Thune said. ‘But that being said, this is very simple. Open up the government and this is a non-issue. We don’t have to have this conversation. Everybody gets paid when the government is open.’

Meanwhile, the previous tactics did little to nudge Democrats from their position, and so far, have not killed talks between either side.

But Sen. Jean Shaheen, D-N.H., who has been a key communicator for Senate Democrats in bipartisan talks, said that Vought’s actions weren’t helping matters.

‘It would be a lot easier to resolve the situation if Russ Vought would stop talking,’ Shaheen said. 

Senate Republicans confirmed a staggering tranche of President Donald Trump’s nominees on Tuesday as the government shutdown continues.

Lawmakers voted along party lines to confirm the batch of 107 of Trump’s nominees, a move that whittled down the remaining pending nominees on the Senate’s calendar to double digits. It also came as the upper chamber was deadlocked in the midst of a government shutdown, during which floor votes have largely been dedicated to trying to reopen the government.

The slate of confirmed nominees included many of Trump’s top allies and former candidates that he hand-picked to run in previous elections.

Some of the most recognizable on the list were former Republican Senate candidate and ex-NFL star Herschel Walker, who was tapped as the U.S. Ambassador to the Bahamas, and Sergio Gor, a top advisor to Trump who he picked to be his U.S. Ambassador to India.

Other posts confirmed included a wave of senior administration officials, several prosecutors and the reappointment of Securities and Exchange Commission Chair Paul Atkins to a seat on the commission until 2031.

The vote also marked the second time that Senate Republicans have deployed the new rule change surrounding confirmations since going ‘nuclear’ on Senate rules last month.

Republicans opted to change confirmation rules to allow a simple majority of votes to advance large swathes of nominees in response to Senate Minority Leader Chuck Schumer, D-N.Y., and his caucus’ blockade of Trump’s picks that lasted nearly nine months into his presidency.

Typically, subcabinet-level nominees, particularly those with bipartisan support out of committee, are sped through the Senate either by unanimous consent or through a voice vote, two fast-track procedural moves in the upper chamber. But Senate Democrats refused to relent, and Republicans argued they forced their hand on a rules change that they believed would benefit both parties in the future.

The rule change allows for an unlimited number of nominees to be confirmed in a single batch, but includes several procedural hoops to jump through before a final confirmation vote.

Senate Republicans previously confirmed 48 of Trump’s picks last month. Among that batch were Kimberly Guilfoyle, who Trump tapped to be the U.S. ambassador to Greece, and Callista Gingrich, who was picked to be the U.S. ambassador to Switzerland.

President Donald Trump met with Edan Alexander, who was freed in May from captivity with Hamas, on Tuesday — exactly two years after Hamas attacked Israel. 

This marks the second time Alexander, a 21-year-old American–Israeli who spent nearly 600 days as a hostage after Hamas abducted him after its initial attack on Israel, will visit the White House since his release from captivity. Alexander previously visited the White House in July. 

Alexander was raised in Tenafly, New Jersey, and headed to Israel when he was 18-years-old to volunteer for the Israel Defense Forces. He lived with his grandparents in Tel Aviv before he was taken hostage by Hamas. 

Alexander’s appearance at the White House also comes as the Trump administration has put forth a 20-point plan to end the conflict and return the 48 hostages still in captivity. The plan would require all hostages, both dead and alive, to be returned within 72 hours of Hamas signing off on the deal. It also calls for Israeli forces to withdraw its troops and for a complete disarmament of Hamas. 

Trump’s Justice Department has cracked down on Palestinian militant group Hamas, and established a new task force in March aimed at providing justice to the victims of Hamas’ Oct. 7 attack. 

Attorney General Pam Bondi said the group, known as Joint Task Force October 7, would focus on identifying, charging and prosecuting those who conducted the 2023 attacks, which took the lives of roughly 1,200 people — including 47 U.S. citizens. Hamas also took more than 250 people hostage that day, including eight U.S. citizens.

The IDF is the national military for Israel. Hamas has served as the governing body of Gaza.

Meanwhile, lawmakers on Capitol Hill have warned that antisemitic attacks are becoming more common in the U.S., in the aftermath of the ongoing conflict. Antisemitic violence reached a new high in 2024, according to the Anti-Defamation League, which recorded 9,354 antisemitic instances of harassment, assault and vandalism in the U.S. in 2024. That is a 5% increase from the 8,873 incidents recorded in 2023 and a 344% increase in the past five years.

‘The October 7 Hamas-led terrorist attack was not only a horrific assault on innocent civilians in Israel, including numerous American citizens, but it was also a wake-up call to the threats we face here at home,’ Rep. Andrew Garbarino, R-N.Y., chair of the House Homeland Security Committee, said in a Tuesday statement to Fox News Digital.

‘In the two years following this tragedy, acts of terrorism and targeted antisemitic violence are increasingly common on U.S. soil, as both foreign and domestic terrorists work to inspire lone-wolf actors,’ Garbarino said. ‘Jewish Americans continue to face intimidation and attacks simply because of their faith. This is unacceptable, and anyone who defends these calls for violence is complicit.’ 

Trump also met with Canadian Prime Minister Mark Carney Tuesday amid ongoing trade negotiations between the two countries.

Fox News’ Caitlin McFall contributed to this report. 

The Senate remains deadlocked on a path to end the shutdown as it nears its second week, and Republicans’ meager support across the aisle to reopen the government may be crumbling.

Senate Majority Leader John Thune, R-S.D., needs at least eight Senate Democratic caucus members to join Republicans to reopen the government, given that Sen. Rand Paul, R-Ky., has consistently voted against the GOP’s bill.

So far, a trio of Democratic caucus members, Sens. John Fetterman, D-Pa., Catherine Cortez Masto, D-Nev., and Angus King, I-Maine, have crossed the aisle to reopen the government.

That group has joined Republicans in nearly all five attempts to reopen the government.

But, as time drags on and a deal remains out of reach, at least one is considering changing his vote.

King said ahead of the fifth vote to reopen the government on Monday that he was considering flipping his support of the GOP’s bill, and he argued that he needed ‘more specificity about addressing the problem’ of the expiring Obamacare tax credits.

‘I think this problem is urgent, and just saying, as the leader did on Friday, ‘well, we’ll have conversations about it,’ is not adequate,’ he said.

King’s possible defection comes as Republicans and Democrats engage in low-level conversations on a path out of the shutdown. Those impromptu dialogues have so far not morphed into real negotiations, however.

And the stalemate in the upper chamber has only further solidified both sides’ positions.

Senate Democrats, led by Senate Minority Leader Chuck Schumer, D-N.Y., want a firm deal in place to extend expiring Obamacare subsidies. Senate Republicans have said that they will negotiate a deal only after the government is reopened and want reforms to the program that they charge has been inflationary and further increased the cost of healthcare for Americans.

Sen. Susan Collins, R-Maine, has circulated an early plan that includes a discussion of the Affordable Care Act (ACA) subsidies that could be a way out of the shutdown, but so far, it’s in its preliminary stages.

‘It suggests that there be a conversation on the ACA extension for the premium tax credits after we reopen the government,’ she said. ‘But there will be a commitment to having that discussion.’

President Donald Trump signaled on Monday that he would be open to a deal on the subsidies, and he said that negotiations with Democrats were ongoing.

However, Schumer pushed back and called Trump’s assertion ‘not true.’ The top Senate Democrat has also shifted the onus of the shutdown, and lack of negotiations, directly onto House Speaker Mike Johnson, R-La.

‘Clearly, at this point, he is the main obstacle,’ Schumer said on the Senate floor. ‘So ending this shutdown will require Donald Trump to step in and push Speaker Johnson to negotiate.’

Meanwhile, the White House is exerting more pressure on Senate Democrats to cave and reopen the government. A new memo reported by Axios suggested that furloughed federal employees may not have to receive back pay, running counter to a law that Trump signed in 2019 that guaranteed furloughed workers would receive back pay in future shutdowns.

That comes on the heels of a memo from the Office of Management and Budget last month that signaled mass firings beyond the typical furloughs of nonessential federal workers, and it follows the withholding of nearly $30 billion in federal funds for blue cities and states.

Thune argued that ‘if you’re the executive branch of the government, you’ve got to manage a shutdown.’

‘At some point, you’re going to have to make some decisions about who gets paid, who doesn’t get paid, which agencies and departments get priorities and prioritized and which ones don’t,’ Thune said. ‘I mean, I think that’s a fairly standard practice in the event of a government shutdown. Now, hopefully that doesn’t affect back pay … but again, it’s just that simple: open up the government.’