Case: United States v. Comey

1:25-cr-00272 | U.S. District Court for the Eastern District of Virginia

Filed Date: Sept. 25, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

On September 25, 2025, the Eastern District of Virginia unsealed an indictment charging former FBI Director James B. Comey, Jr. with two felonies arising from his September 30, 2020 testimony before the Senate Judiciary Committee concerning the FBI’s probe of Russian links to Donald Trump’s 2016 presidential campaign. The indictment alleges (1) a false-statements violation under 18 U.S.C. § 1001(a)(2), based on Comey’s denial that he had authorized an FBI official to act as an anonymous source …

On September 25, 2025, the Eastern District of Virginia unsealed an indictment charging former FBI Director James B. Comey, Jr. with two felonies arising from his September 30, 2020 testimony before the Senate Judiciary Committee concerning the FBI’s probe of Russian links to Donald Trump’s 2016 presidential campaign. The indictment alleges (1) a false-statements violation under 18 U.S.C. § 1001(a)(2), based on Comey’s denial that he had authorized an FBI official to act as an anonymous source in press reporting, and (2) obstruction of a congressional proceeding under 18 U.S.C. § 1505, premised on the claim that Comey made false and misleading statements in order to impede the Committee’s inquiry. Both counts were returned as a true bill by the grand jury.

The docket also reflects that prosecutors sought to add a second false-statements charge under § 1001, tied to Comey’s testimony that he did not remember “being taught” of intelligence reporting that PERSON 1 had approved a plan involving PERSON 2 and the 2016 election—a report circulated to senior FBI officials in September 2016. The grand jury declined to concur in that proposed charge, as memorialized in a contemporaneous AO 101 report. Thus, the case proceeds on two counts, with the rejected third count underscoring that the grand jury narrowed the scope of the prosecution advanced by acting U.S. Attorney Lindsey Halligan.

This case is ongoing.

Summary Authors

Michael Vandergriff (10/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71459121/parties/united-states-v-comey/


Judge(s)
Attorney for Plaintiff

Diaz, Gabriel J. (Virginia)

Halligan, Lindsey (Virginia)

Lemons, Nathaniel (Virginia)

Attorney for Defendant

Carmichael, Jessica Nicole (Virginia)

Fitzgerald, Patrick Joseph (Virginia)

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Documents in the Clearinghouse

Document
3

1:25-cr-00272

Report of a Grand Jury's Failure to Concur in an Indictment

United States of America v. Comey Jr.

Sept. 25, 2025

Sept. 25, 2025

Order/Opinion
1

1:25-cr-00272

Indictment

United States of America v. Comey Jr.

Sept. 25, 2025

Sept. 25, 2025

Order/Opinion
19

1:25-cr-00272

[Untitled]

Oct. 8, 2025

Oct. 8, 2025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71459121/united-states-v-comey/

Last updated Oct. 9, 2025, 8:15 p.m.

ECF Number Description Date Link Date / Link
1

INDICTMENT as to James B. Comey, Jr. count(s) 1, 2. (jlan) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

Clearinghouse
3

Report of a Grand Jury's Failure to Concur in an Indictment by USA as to James B. Comey, Jr. (jlan) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

Clearinghouse
4

Motion to appear Pro Hac Vice by Patrick Fitzgerald and Certification of Local Counsel Jessica Carmichael (Filing fee $ 75 receipt number AVAEDC-10485134.) by James B. Comey, Jr. (Carmichael, Jessica) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

RECAP
7

Redacted Criminal Case Cover Sheet. (jlan) (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

RECAP
8

Summons Issued in case as to James B. Comey, Jr. (jlan) (Main Document 8 replaced on 9/26/2025) (jlan, ). (Entered: 09/25/2025)

Sept. 25, 2025

Sept. 25, 2025

RECAP
9

Summons Returned Executed on 09/25/2025 as to James B. Comey, Jr. (jlan) (Entered: 09/26/2025)

Sept. 25, 2025

Sept. 25, 2025

RECAP

Arraignment set for 10/9/2025 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S. Nachmanoff as to James B. Comey, Jr. (jlan)

Sept. 25, 2025

Sept. 25, 2025

PACER
10

TRANSCRIPT of return of indictment proceedings held on 9-25-25 before Judge Lindsey R. Vaala. Court reporter Diane Salters, Telephone number 301-338-8033. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/27/2025. Redacted Transcript Deadline set for 11/26/2025. Release of Transcript Restriction set for 12/25/2025.(Salters, Diane) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

PACER
11

ORDER granting 4 Motion for Pro hac vice Appointed Patrick Joseph Fitzgerald for James B. Comey, Jr as to James B. Comey Jr. (1). Signed by District Judge Michael S Nachmanoff on 9/29/2025. (swil) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

PACER
12

Ex Parte Under Seal Motion (Attachments: # 1 Proposed Order)(swil) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

PACER
13

Pretrial Services Bond REPORT (Initial Pretrial Services Bond Report) (SEALED - government and defense counsel) as to James B. Comey, Jr. (stewart, mariel) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

PACER
14

ORDERED that Defendant is summoned to appear for arraignment before this Court on Wednesday, October 8, 2025, at 10:00 a.m. Signed by District Judge Michael S Nachmanoff on 10/06/2025. (wgar, ) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

RECAP
15

ORDER - The arraignment of Defendant James B. Comey, Jr. shall begin promptly at 10:00 a.m. on Wednesday, October 8, 2025, in Courtroom 600 on the Sixth Floor of the Albert V. Bryan United States Courthouse. Because seating capacity will be limited. Courtroom 601 will be reserved and will serve as an overflow courtroom. Courtroom 601 will have screens which should enable attendees to see and hear what is happening in Courtroom 600. A Court Security Officer will always be present in Courtroom 601 to ensure that appropriate decorum is maintained and to communicate with Information Technology staff if there are problems with the audio or video transmission. The hearing will not be delayed for transmission issues. All seating in Courtroom 601 will be on a first-come basis. Signed by District Judge Michael S Nachmanoff on 10/06/2025. SEE ORDER FOR FURTHER DETAILS. (wgar, ) (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

RECAP

Set/Reset Hearings

Oct. 6, 2025

Oct. 6, 2025

PACER

Arraignment set for 10/8/2025 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (wgar, )

Oct. 6, 2025

Oct. 6, 2025

PACER
17

NOTICE OF ATTORNEY APPEARANCE Nathaniel Lemons appearing for USA. (Lemons, Nathaniel) (Main Document 17 replaced to correct pdf fillable form on 10/9/2025) (Dest). (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

RECAP
18

NOTICE OF ATTORNEY APPEARANCE Gabriel J. Diaz appearing for USA. (Diaz, Gabriel) (Main Document 18 replaced to correct pdf fillable form on 10/9/2025) (Dest). (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

RECAP
19

Minute Entry for proceedings held before District Judge Michael S Nachmanoff:Arraignment as to James B. Comey Jr. (1) Count 1,2 held on 10/8/2025. USA appeared through Lindsey Halligan, Gabriel Diaz, and Nathaniel Tyler Lemons. Defendant appeared with counsel Patrick Fitzgerald and Jessica Carmichael. Defendant WFA, PNG, and demanded a Jury Trial. Parties' request to waive right to speedy trial as articulated in open court- GRANTED. Motions Schedule 1: Motions due on 10/20/2025; Responses due on 11/3/2025; Replies due on 11/10/2025. Motions Schedule 2: Motions due on 10/30/2025; Responses due on 11/13/2025; Replies due on 11/20/2025. Parties directed to confer with regard to a discovery order by 10/10/2025.Parties directed to submit proposed discovery orders and supporting briefs, if necessary, as articulated in open court by COB on 10/13/2025. Parties directed to immediately confer with regard to providing defense counsel with access to classified information and submit a proposed CIPA briefing schedule by COB on 10/13/2025. Court advised counsel of process to appoint out-of-district judge to resolve defense motion for disqualification of Lindsey Halligan. DPPA advisement given in open court.Court adopts Pretrial Services Report. Motion Hearing set for 11/19/2025 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. Motion Hearing set for 12/9/2025 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. Jury Trial set for 1/5/2026 at 09:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. Defendant entered on PR bond.(Court Reporter D.Salters.)(lcre, ) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

Clearinghouse
20

Due Process Protections Act Order as to James B. Comey, Jr. Signed by District Judge Michael S Nachmanoff on 10/8/2025. (lcre, ) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

RECAP
21

ORDER Setting Conditions of Release as to James B. Comey Jr. (1) PR bond. Signed by District Judge Michael S Nachmanoff on 10/8/2025. (lcre, ) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

RECAP
22

PR Bond Entered as to James B. Comey, Jr (lcre, ) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

PACER
23

ORDERED that this matter is scheduled for a jury trial on Monday, January 5, 2025. In the interests of fairness, efficiency, and justice, the Court ORDERS as follows: The first round of motions shall be due on Monday, October 20, 2025. The Government's response brief(s) shall be due on Monday, November 3, 2025. Defendant's reply brief(s) shall be due on Monday, November 10, 2025. The Court will hold a hearing on these motion(s) on Wednesday, November 19, 2025, at 10:00 a.m. Any additional pre-trial motions shall be due on Thursday. October 30, 2025. The Government's response brief(s) shall be due on Thursday, November 13, 2025. Defendant's reply brief(s) shall be due on Thursday, November 20, 2025. The Court will hold a hearing on the motion(s) on Tuesday, December 9, 2025, at 10:00 a.m. All briefing must be filed by 5:00 p.m. on the day of the briefing deadline. Signed by District Judge Michael S Nachmanoff on 10/8/2025. (lcre, ) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

RECAP
24

ORDERED that the parties immediately confer regarding the entry of a joint discovery order. ORDERED that if after good faith discussions the parties are unable to agree on and file a joint discovery order by Friday, October 10, 2025, at 5:00 p.m., the parties shall each submit a proposed discovery order by Monday, October 13, 2025, at 5:00 p.m. ORDERED that the parties may submit a brief in support of their respective proposed discovery orders, not to exceed a maximum of 10 pages. The parties' briefs shall be filed simultaneously with their proposed discovery orders by Monday, October 13, 2025, at 5:00 p.m.ORDERED that the parties immediately confer with regard to providing defense counsel with expedited access to classified information. ORDERED that the parties are to file a joint proposed Classified Information Procedures Act (CIPA) briefing schedule by Monday, October 13, 2025, at 5:00 p.m. Signed by District Judge Michael S Nachmanoff on 10/8/2025. (lcre, ) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

RECAP
25

TRANSCRIPT of initial appearance and arraignment proceedings held on 10-8-25 before Judge Michael S. Nachmanoff. Court reporter Diane Salters, Telephone number 301-338-8033. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/7/2025. Redacted Transcript Deadline set for 12/8/2025. Release of Transcript Restriction set for 1/6/2026.(Salters, Diane) (Entered: 10/08/2025)

Oct. 8, 2025

Oct. 8, 2025

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Criminal Justice (Other)

Criminal Justice (Other)

Key Dates

Filing Date: Sept. 25, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

James Comey, Private Entity/Person

Case Details

Special Case Type(s):

Criminal

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Criminal Conviction

Source of Relief:

Litigation