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.’

Then-Vice President Joe Biden in 2015 told the CIA he would ‘strongly prefer’ an intelligence report documenting Ukrainian officials’ concerns with his family’s ties to ‘corrupt’ business deals in the country ‘not be disseminated’ — and so it wasn’t, according to a newly-declassified email and records made public by the agency. 

CIA Director John Ratcliffe declassified the heavily redacted records, which he said he believes is an example of ‘politicization of intelligence.’

Fox News Digital obtained the declassified documents, which were discovered during a CIA review of historical agency records.

A senior CIA official briefed Fox News Digital on the declassified documents and intelligence report, stating that the intelligence was discovered along with an email showing that Biden ‘expressed a preference to not share the report.’

Representatives for Biden did not immediately respond to a request for comment from Fox News Digital.

CIA officials discovered and declassified an email dated February 10, 2016, with the subject line stating: ‘RE: OVP query regarding draft [REDACTED].’ The email was sent to the CIA.

The classification of the email was listed, and crossed out, as ‘SECRET.’

‘Good morning, I just spoke with VP/ NSA and he would strongly prefer the report not/not be disseminated. Thanks for understanding,’ the email states, signed by a redacted name, but with the title of ‘PDB Briefer.’ The ‘PDB’ is the presidential daily brief.

The report in question included intelligence revealing that Ukrainian officials viewed the Biden family’s alleged ties to corrupt business practices in Ukraine ‘as evidence of a double-standard within the United States Government towards matters of corruption and political power.’

‘Intelligence officials agreed that, at the time of collection, it would have met the threshold [for dissemination], but based on the Office of the Vice President’s preference, the information was never shared outside of the CIA,’ the official said.

The CIA, during its review, confirmed that Biden’s request was granted and that the intelligence report ‘had not been disseminated.’

The senior CIA official told Fox News Digital that it was ‘extremely rare and unusual’ and ‘inappropriate to go outside of the intelligence community and inquire with the White House on the dissemination of a particular report for what appears to be political reasons.’

The newly declassified intelligence report, which Biden sought to keep private, had a subject line of: ‘NON-DISSEMINATED INTEL INFORMATION: Reactions of [REDACTED] Ukrainian Government Officials to the Early December Visit of Senior United States Government Official.’

The document states the date of the information came in December 2015. The document was created in 2016.

At the time, Biden was vice president and was running U.S.-Ukraine relations and policy for the Obama administration.

The intelligence document stated that ‘officials within the administration of Ukrainian President Petro Poroshenko expressed bewilderment and disappointment at the 7-8 December 2015 visit of the Vice President of the United States to Kiev, Ukraine.’

‘These officials highlighted that, prior to the visit, the Poroshenko administration and other [REDACTED] Ukrainian officials expected the U.S. Vice President to discuss personnel matters with Poroshenko during the visit, and had assumed that the U.S. Vice President would advocate in support of or against specific officials within the Ukrainian Government,’ the intelligence states.

‘After the visit, these officials assessed that the U.S. Vice President had come to Kiev almost exclusively to give a generic public speech, and had not had any intention of discussing substantive matters with Poroshenko or other officials within the Ukrainian government,’ the intelligence states.

‘Following the visit of the U.S. Vice President, [REDACTED] officials within the Poroshenko administration privately mused at the U.S. media scrutiny of the alleged ties of the U.S. Vice President’s family to corrupt business practices in Ukraine,’ the intelligence states. ‘These officials viewed the alleged ties of the U.S. Vice President’s family to corruption in Ukraine as evidence of a double-standard within the United States Government towards matters of corruption and political power.’

Biden, on Dec. 9, 2015, gave a speech in Ukraine, in which he discussed corruption in the country.

‘And it’s not enough to set up a new anti-corruption bureau and establish a special prosecutor fighting corruption,’ Biden said in the speech. ‘The Office of the General Prosecutor desperately needs reform.’

In that speech, Biden also said Ukraine’s ‘energy sector needs to be competitive, ruled by market principles — not sweetheart deals.’

‘It’s not enough to push through laws to increase transparency with regard to official sources of income,’ he said. ‘Senior elected officials have to remove all conflicts between their business interest and their government responsibilities.  Every other democracy in the world — that system pertains.’

At the time, Ukrainian prosecutor Viktor Shokin was investigating Ukrainian natural gas firm Burisma Holdings. Several months later, in March 2016, Biden successfully pressured Ukraine to remove Shokin. At the time Shokin was investigating Burisma Holdings, Hunter Biden had a highly lucrative role on the board, receiving tens of thousands of dollars per month.

Biden, at the time, threatened to withhold $1 billion of critical U.S. aid if Shokin was not fired.

‘I said, ‘You’re not getting the billion.’ … I looked at them and said, ‘I’m leaving in six hours. If the prosecutor is not fired, you’re not getting the money,’’ Biden recalled telling then-Ukrainian President Petro Poroshenko. 

Biden recollected the conversation during an event for the Council on Foreign Relations in 2018.

But during his first term, President Donald Trump was impeached after a July 2019 phone call in which he pressed Ukrainian President Volodymyr Zelenskyy to launch investigations into the Biden family’s actions and business dealings in Ukraine, specifically Hunter Biden’s ventures with Burisma and Joe Biden’s successful effort to have former Ukrainian Prosecutor General Viktor Shokin ousted.

At the same time as that call, Hunter Biden was under federal investigation, prompted by his suspicious foreign transactions. 

Trump was acquitted in Feb. 2020 on both articles of impeachment against him — abuse of power and obstruction of Congress — after being impeached by the House of Representatives in December 2019. 

Meanwhile, the declassified intelligence report had a ‘warning,’ noting that ‘due to the extreme sensitivity, this report should be distributed only to the renamed recipients. No further distribution is authorized without prior approval of the originating agency. Violation of established handling procedures are subject to penalty, including termination of access to this reporting channel.’

It added that ‘any discussion of or reference to information in this report [REDACTED] is strictly prohibited. Any references to this report in derived or finished intelligence should include this warning.’

A senior CIA official told Fox News Digital that Ratcliffe believes the suppression of this intelligence is an example of ‘politicization of intelligence.’

‘Director Ratcliffe believes this is an example of politicization of intelligence that we need to work to eliminate and for what we have zero tolerance,’ a senior CIA official told Fox News Digital. ‘We believe transparency is important. We will release information and avoid any future weaponization of the intelligence community.’

As for the heavily redacted nature of the intelligence report, the senior CIA official told Fox News Digital that the agency was ‘careful about protecting CIA sources and methods with redactions.’

The official stressed that Ratcliffe believes in ‘maximum transparency’ and said he will continue to declassify CIA information and intelligence ‘when it serves the public’s interest.’

Meanwhile, the House of Representatives launched an impeachment inquiry against Biden during his presidency, and found, after years of investigating, that he engaged in ‘impeachable conduct,’ ‘abused his office,’ and ‘defrauded the United States to enrich his family.’ 

A growing number of lawmakers on both sides of the aisle have declared they’re forgoing their paychecks as the government shutdown drags on.

The federal government has been shut down for nearly a week after Senate Democrats rejected Republicans’ plan to fund agencies through Nov. 21 multiple times.

Reps. Chip Roy, R-Texas, Ashley Hinson, R-Iowa, Tom Barrett, R-Mich., Mariannette Miller-Meeks, R-Iowa, and Rob Bresnahan, R-Pa., are among the Republicans who wrote to the Chief Administrative Officer of the U.S. House of Representatives asking for their pay to be withheld during a shutdown.

Democrats like Reps. Josh Gottheimer, D-N.J., and Lou Correa, D-Calif., have requested the same.

But lawmakers requesting their pay be withheld cannot forgo it altogether, because federal law requires them to be paid.

Article I of the Constitution states, ‘The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.’

Further, the 27th Amendment prevents any changes to congressional pay until after the next election.

Most House and Senate lawmakers are paid $174,000 yearly — a figure that has not changed since 2009 — while members of congressional leadership can earn more.

A source familiar with the matter told Fox News Digital that members of Congress can elect to have their pay withheld until a shutdown is over, but they must receive that as backpay when the government is funded again.

Meanwhile, Rep. Joe Morelle, D-N.Y., the top Democrat on the Committee for House Administration, told Bloomberg Government last week that those checks can go into an account separate from lawmakers’ usual salaries. He told the outlet, ‘It’s an administrative way of withholding pay for people who choose to.’

Congressional staffers, meanwhile, automatically miss paychecks if their pay period falls during a government shutdown — but that is also backpaid when the shutdown ends.

Some lawmakers, like Sens. Ashley Moody, R-Fla., and Lindsey Graham, R-S.C., have announced they would donate their paychecks for the duration of the shutdown.

‘Each day the government remains closed, I will be donating my salary to the Crisis Center of Tampa Bay, which provides help to vulnerable populations who may be impacted by this reckless choice,’ Moody said in a statement last week.

President Donald Trump on Saturday announced Israel has agreed to the ‘initial withdrawal line’ in Gaza, which the U.S. has shared with Hamas.

Pending Hamas confirmation, the agreement will trigger an immediate ceasefire and exchange of Israeli hostages and Palestinian prisoners.

‘After negotiations, Israel has agreed to the initial withdrawal line, which we have shown to, and shared with, Hamas. When Hamas confirms, the Ceasefire will be IMMEDIATELY effective, the Hostages and Prisoner Exchange will begin, and we will create the conditions for the next phase of withdrawal, which will bring us close to the end of this 3,000 YEAR CATASTROPHE,’ Trump wrote in a Truth Social post Saturday. ‘Thank you for your attention to this matter and, STAY TUNED!’

The announcement comes hours after Israeli Prime Minister Benjamin Netanyahu released a statement Saturday morning noting they were ‘on the verge of a very great achievement.’

‘It is not yet final; we are working on it diligently, and I hope, with God’s help, that in the coming days, during the Sukkot holiday, I will be able to inform you about the return of all our hostages, both living and deceased, in one phase, while the IDF remains deep within the Strip and in the controlling areas within it,’ Netanyahu said.

Netanyahu claimed that after intense military and diplomatic pressure, Hamas was pressured into agreeing to Israel’s proposed plan — rejecting the fact that Hamas had previously been ready to release the Israeli hostages without a full withdrawal from Gaza.

In the first stage of the withdrawal plan, he said Hamas will release all Israeli hostages while the IDF redeploys but maintains control over key strategic areas deep inside the Gaza Strip.

Netanyahu will send his negotiating team, headed by Minister Ron Dermer, to Egypt to finalize the technical details of the hostage release, which he expects to conclude within a few days. 

The prime minister emphasized that both Israel and the U.S. intend to prevent any stalling or delay tactics by Hamas. 

In the second stage of the plan, Netanyahu said Hamas will be disarmed and the Gaza strip demilitarized—either through diplomatic means under the Trump Plan or, if necessary, by military force. 

‘I also said this in Washington: Either it will be achieved the easy way, or it will be achieved the hard way—but it will be achieved,’ he said. 

‘Together, we pushed back our enemies’ plans of destruction. From Gaza to Rafah, from Beirut to Damascus, from Yemen to Tehran, together we have achieved great things,’ Netanyahu added. ‘From victory to victory—we are changing the face of the Middle East together. Together we will continue to act to ensure the eternity of Israel.’

Netanyahu thanked Trump for his assistance in dispatching the B2 planes to bomb the nuclear facility in Fordo, and for his ‘steadfast support.’

President Donald Trump has an almost flawless record on the Supreme Court’s emergency docket this year, a streak that has delivered crucial moments of relief to the government as it fights hundreds of lawsuits challenging the president’s agenda.

The Supreme Court has ruled in Trump’s favor on government cuts, nationwide injunctions, immigration policies and more, leading the White House to tout what it recently counted as 21 victories before the high court.

Those victories are, however, temporary. The upcoming term, which begins Monday, will allow the justices to begin weighing the full merits of some of these court disputes and ultimately cement or undo key parts of the Trump agenda.

Jonathan Adler, a William & Mary Law School professor, attributed the interim wins to the Supreme Court’s desire to narrow the judicial branch’s role in policymaking.

Speaking during a Federalist Society panel this week, Adler said the high court’s thinking might be that ‘lower courts are doing too much. We’re going to scale that back because it’s not our place, and it’s for the executive branch and the legislative branch to figure that out.’

The Trump administration has only challenged about one-fifth of the adverse rulings it has received from the lower courts. Adler said Solicitor General John Sauer, who represents the government, is strategically selecting which cases to bring to the high court. 

‘If you go through them, setting Humphrey’s Executor stuff slightly to the side, what they all have in common is that there’s a kind of clear argument that … district courts were a little too aggressive here,’ Adler said.

He acknowledged that some might have a different view, that the Trump administration has been ‘too muscular’ and that court intervention is a necessary check.

The emergency docket, sometimes known as the shadow or interim docket, allows the Trump administration or plaintiffs to ask the Supreme Court to quickly intervene in lawsuits and temporarily pause lower court rulings. The process can take a couple of days, weeks or months, and is viewed as a much speedier, albeit temporary, way to secure court relief than if the high court were to fully consider the merits of a case, which can include a long briefing schedule and oral arguments.

The Supreme Court’s emergency docket this year has been extraordinarily active. Attorney Kannon Shanmugam, who has argued dozens of cases before the high court, said Trump’s high volume of executive actions is partly the reason for that.

‘[An increase in emergency motions] coincides with the rise of executive orders and other forms of unilateral executive action really as the primary form of lawmaking in our country with the disappearance of Congress, and that has posed enormous challenges for the court,’ Shanmugam said.

Through the emergency docket, the Supreme Court has greenlit Trump’s mass firings of career employees and high-profile terminations of Democratic appointees. It has curtailed nationwide injunctions and cleared the way for controversial deportations and immigration stops. The high court has said the government can, for now, withhold billions of dollars in foreign aid and discharge transgender service members from the military.

In other instances, parties on both sides in a court fight have construed Supreme Court outcomes as wins.

In one such order, the Supreme Court said the Trump administration must attempt to return Salvadoran migrant Kilmar Abrego Garcia, whom the government admitted in court to improperly deporting to a Salvadoran prison. But at the same time, the high court noted that district court judges must also be deferential to the executive branch’s authority over foreign policy.

Similarly, the high court said the administration must allow deportees under the Alien Enemies Act a reasonable chance to fight their removal through habeas corpus petitions. The justices have not yet weighed in on the merits of Trump’s invocation of the Alien Enemies Act, one of his most aggressive deportation tactics, which the president employed to swiftly remove alleged Tren de Aragua members.

Conservative lawyer Carrie Severino, president of the legal watchdog JCN, said one criterion the Supreme Court considers when making fast decisions is whether parties are at risk of irreparable harm.

As an example, Severino pointed to the Supreme Court recently allowing Trump to fire Biden-appointed FTC Commissioner Rebecca Slaughter, a case that the high court is now using as a vehicle to revisit in the coming months the 90-year precedent set by Humphrey’s Executor v. United States.

Severino said, ‘If one assumes, ‘Okay, if Trump’s right,’ then this is a serious burden on the government to have a good chunk of their four years being taken up with not being able to actually staff the government as they want to. If Trump’s wrong, then Commissioner Slaughter should have been in that position, and they can remedy that by providing her back pay.’

‘When you’re balancing those types of harms, this is the kind of case where the government’s going to have a leg up,’ Severino said.

In a small defeat for Trump on Wednesday, the Supreme Court declined to allow the president to fire Federal Reserve Governor Lisa Cook and instead said it would hear her case in January. The move was a deviation from the court’s typical posture and underscored its unique view on the Federal Reserve compared with other agencies.

The Supreme Court’s majority has often split along ideological lines and offered little reason for its emergency decisions. This differs from final orders from the court, which can be lengthy and include numerous concurring opinions and dissents.

Attorney Benjamin Mizer, who served as a top DOJ official during the Biden administration, cautioned during the panel that the Supreme Court could reverse its shadow docket positions down the road.

‘As cases reach the court on the merits, we shouldn’t presume that the administration will win them all,’ Mizer said.