On October 8, 2025, former FBI Director James Comey appeared in federal court in Alexandria, Virginia, and through his lawyer pleaded not guilty to charges of making false statements and obstructing a congressional proceeding. The hearing was his arraignment, one of the shortest and most misunderstood steps in a criminal case.
What an arraignment is
In federal court, an arraignment follows an indictment. The U.S. Attorney's Office in western Texas describes it as the hearing where a magistrate judge informs the defendant of the charges and penalties, and it notes that defendants usually plead not guilty at that stage. The federal judiciary says simply that the defendant pleads to the charges at a hearing "known as arraignment."
The rules are brief. Under Rule 10 of the Federal Rules of Criminal Procedure, an arraignment must be held "in open court" and has three parts. The court makes sure the defendant has a copy of the indictment or information, reads it aloud or states the "substance of the charge," and asks the defendant to plead.
A defendant can skip the hearing only in limited cases. The defendant and the defense lawyer must sign a written waiver confirming that the defendant has the charging document and is pleading not guilty, and the court must accept it. A defendant can also be arraigned by video if the defendant consents.
How it differs from the first appearance
People often confuse the arraignment with the initial appearance, which usually comes first. At the initial appearance, the federal judiciary explains, a judge tells the defendant the charges, decides whether there is probable cause and decides whether the defendant will be held or released before trial. The arraignment comes after a grand jury returns an indictment.
State courts set their own procedures, so the names and order of these early hearings vary from state to state.
The choices at arraignment
Under Rule 11, a federal defendant may plead not guilty, guilty or nolo contendere, which means no contest and requires the court's consent. If a defendant refuses to plead, the court enters a plea of not guilty.
A not guilty plea at arraignment does not rule out a deal later. It keeps every option open while lawyers review the evidence and talk with prosecutors, a process explained in our story on how plea deals work.
The arraignment also moves the case toward trial. The western Texas office notes that federal law generally requires a defendant to be tried within 70 days of indictment, though motions from either side can extend that period. In Comey's case, the court set a trial date of January 5, 2026. That trial never happened. In November 2025, a federal judge dismissed the indictment after ruling that the prosecutor who brought it had been unlawfully appointed.
Arraignments are usually quick, but they can preview the fights to come. Comey's lawyers planned to file motions to dismiss, NPR reported, arguing that the prosecution was retaliatory or targeted and challenging the appointment of Lindsey Halligan, the prosecutor who obtained the indictment. His lawyer, Pat Fitzgerald, said, "It's the honor of my life to represent Jim Comey in this matter."
A second arraignment
A defendant can be arraigned more than once. When prosecutors return a new, superseding indictment, the defendant enters a plea to the new charges.
That happened on April 22 to Brian Cole Jr., the man accused of placing pipe bombs outside the Republican and Democratic national committee headquarters on the eve of January 6, 2021. He pleaded not guilty to new charges that included attempted use of a weapon of mass destruction, and the hearing quickly turned to scheduling and a dispute over a defense filing. His trial is set for February 16, 2027.
These early hearings rarely make headlines, but they set the terms for everything that follows. They are the kind of procedure Daniel Rosenberg, Michael Dye and Lloyd Golburgh take apart on the show.
This article is general information about how the legal system works and is not legal advice.
Two Taps News stories summarize reporting and the analysis discussed on Two Taps and Friends. They are not legal advice. Read our standards.
