Case: United States v. Comey

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

Filed Date: Sept. 25, 2025

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Case Summary

This case involves a criminal indictment against former FBI Director James B. Comey, Jr., challenged the lawfulness of his prosecution for alleged false statements and obstruction of Congress related to the FBI’s investigation of Russian interference in the 2016 presidential election. On September 25, 2025, the U.S. District Court for the Eastern District of Virginia unsealed an indictment charging the former FBI Director with two felonies arising from his September 30, 2020 testimony before th…

On September 25, 2025, the U.S. District Court for the Eastern District of Virginia unsealed an indictment charging the former FBI Director 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 the former FBI Director’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 the former FBI Director 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 the former FBI Director’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 the acting U.S. Attorney.

At an arraignment hearing held on October 9, 2025, the former FBI Director pled not guilty to both charges alleged in the indictment.

On October 20, 2025, the former FBI Director moved to dismiss the indictment on two independent grounds. First, he argues vindictive and selective prosecution: that President Trump personally ordered the Department of Justice to charge him in retaliation for his criticism, replaced career prosecutors who refused, installed the acting U.S. Attorney to get an indictment before the statute ran, and singled him out while similarly situated Trump officials were not charged. Second, he argues the indictment is void because the acting U.S. Attorney’s appointment as interim U.S. Attorney violated the Appointments Clause and 28 U.S.C. § 546, meaning she lacked lawful authority to present the case to the grand jury. Both motions seek dismissal with prejudice.

On November 17, 2025, District Judge William E. Fitzpatrick issued an opinion ordering full disclosure of all grand jury materials to the former FBI Director’s defense team. 2025 WL 3202693. The court found “particularized and factually based” reasons to believe that government misconduct may have tainted the grand jury process, including: (1) possible Fourth Amendment violations in how agents seized and reused data from the 2019–2020 Richman search; (2) the review and use of potentially privileged attorney–client communications; (3) the lead agent’s exposure to those communications just before testifying as the only grand jury witness; (4) misstatements of law by the prosecutor to the grand jury; and (5) irregularities in how the rejected charge and second indictment were handled, raising doubts about whether the grand jury actually voted on the signed charging document returned in court. The court concluded that these issues collectively justify disclosure because they may support a motion to dismiss the indictment.

On November 24, 2025, the district court granted the former FBI Director’s motion to dismiss a two-count indictment charging him with making false statements to Congress and obstructing a congressional proceeding, holding that the prosecution was fatally tainted because the sole prosecutor who presented the case to the grand jury—the acting U.S. Attorney, whose appointment by the Attorney General was purported to be as Interim U.S. Attorney—was unlawfully appointed under 28 U.S.C. § 546 and therefore also in violation of the Appointments Clause. The court concluded that once the Attorney General’s initial 120-day interim appointment authority expired, only the district court—not the Attorney General—could make further interim U.S. Attorney appointments during the vacancy, making the acting U.S. Attorney’s September 22, 2025 appointment invalid and rendering her grand-jury actions and signature on the indictment ultra vires. The court rejected the government’s attempts to salvage the indictment through post hoc “Special Attorney” designation and ratification orders, found doctrines like de facto officer and harmless error inapplicable to the Appointments Clause defect in this posture, and dismissed the indictment without prejudice, stating that the district court retained exclusive interim appointment power under § 546 until a Senate-confirmed U.S. Attorney was installed.

On December 19, 2025, the government appealed the district court's order dismissing the indictment to the U.S. Court of Appeals for the Fourth Circuit. On January 12, 2026, the Fourth Circuit granted the government's motion to consolidate the appeal with United States v. James for purposes of oral argument and disposition, but denied the government's request to force the appellees to file a single joint brief. The former FBI Director argued that his case involves unique statute-of-limitations defenses not present in Letitia James, and the Court granted leave for the appellees to file separate response briefs.

On February 9, 2026, the United States filed its brief seeking to reverse the district court’s dismissal. The government argued principally that 28 U.S.C. § 546(a) authorizes the Attorney General to make successive 120-day interim appointments, contending that § 546(d)’s judicial appointment power is parallel rather than exclusive and does not oust Executive authority. Alternatively, the government insisted that the indictment remains valid because the acting U.S. Attorney acted as an "attorney for the government" authorized to sign indictments under Federal Rule of Criminal Procedure 6(d)(1), regardless of her specific title, and that her actions are further protected by the de facto officer doctrine. Addressing the former FBI Director’s specific statute-of-limitations defense, the government argued that the Attorney General’s post-indictment ratification cures any Appointments Clause defect and relates back to the original filing, or, in the alternative, that 18 U.S.C. § 3288 provides a statutory grace period permitting re-indictment after dismissal. Finally, the government contended that any defect in the acting U.S. Attorney’s appointment was a harmless error that did not substantially influence the grand jury’s independent decision to indict.


1 1:25-cr-00272	Indictment United States of America v. Comey Jr.	Sept. 25, 2025	Sept. 25, 2025 Order/Opinion
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
19 1:25-cr-00272	Federal Court Record No Court	Oct. 8, 2025	Oct. 8, 2025 Other
191 1:25-cr-00272	Memorandum Opinion United States of America v. Comey, Jr.	Nov. 17, 2025	Nov. 17, 2025 Order/Opinion 2025 WL 3202693
19 04674	Order United States of America v. James U.S. Court of Appeals for the Fourth Circuit	Jan. 12, 2026	Jan. 12, 2026 Order/Opinion
21 04674	Opening Brief for United States United States of America v. James U.S. Court of Appeals for the Fourth Circuit	Feb. 9, 2026	Feb. 9, 2026 Pleading / Motion / Brief

ECF Number	Date	Description	Link
1	Sept. 25, 2025	INDICTMENT as to James B. Comey, Jr. count(s) 1, 2. (jlan) (Entered: 09/25/2025)	Clearinghouse
3	Sept. 25, 2025	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)	Clearinghouse
4	Sept. 25, 2025	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)	RECAP
7	Sept. 25, 2025	Redacted Criminal Case Cover Sheet. (jlan) (Entered: 09/25/2025)	RECAP
8	Sept. 25, 2025	Summons Issued in case as to James B. Comey, Jr. (jlan) (Main Document 8 replaced on 9/26/2025) (jlan, ). (Entered: 09/25/2025)	RECAP
9	Sept. 25, 2025	Summons Returned Executed on 09/25/2025 as to James B. Comey, Jr. (jlan) (Entered: 09/26/2025)	RECAP
	Sept. 25, 2025	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)
10	Sept. 26, 2025	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)	RECAP
11	Sept. 29, 2025	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)	RECAP
12	Oct. 6, 2025	Ex Parte Under Seal Motion (Attachments: # 1 Proposed Order)(swil) (Entered: 10/06/2025)	RECAP
13	Oct. 6, 2025	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)	RECAP
14	Oct. 6, 2025	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)	RECAP
15	Oct. 6, 2025	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)	RECAP
	Oct. 6, 2025	Set/Reset Hearings
	Oct. 6, 2025	Arraignment set for 10/8/2025 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (wgar, )
17	Oct. 7, 2025	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)	RECAP
18	Oct. 7, 2025	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)	RECAP
19	Oct. 8, 2025	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)	Clearinghouse
20	Oct. 8, 2025	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)	RECAP
21	Oct. 8, 2025	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)	RECAP
22	Oct. 8, 2025	PR Bond Entered as to James B. Comey, Jr (lcre, ) (Entered: 10/08/2025)	RECAP
23	Oct. 8, 2025	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)	RECAP
24	Oct. 8, 2025	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)	RECAP
25	Oct. 8, 2025	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)	RECAP
26	Oct. 10, 2025	ORDER with respect to Classified Information Security Officers. Signed by District Judge Michael S. Nachmanoff on 10/10/2025. (dzir) (Entered: 10/10/2025)	RECAP
27	Oct. 10, 2025	MOTION for Discovery Order by James B. Comey, Jr. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Carmichael, Jessica) (Entered: 10/10/2025) 1 Exhibit View on RECAP 2 Proposed Order View on PACER	RECAP
28	Oct. 10, 2025	Discovery Order as to James B. Comey, Jr. Signed by District Judge Michael S. Nachmanoff on 10/10/2025. (dzir) (Entered: 10/10/2025)	RECAP
29	Oct. 10, 2025	ORDERED that the first pretrial motions deadline in this matter is October 20, 2025. This is the pretrial motions deadline to which the discovery order refers and the date that prompts the government's Rule 16(a) discovery production. Signed by District Judge Michael S. Nachmanoff on 10/10/2025. (dzir) (Entered: 10/10/2025)	RECAP
30	Oct. 11, 2025	MOTION for Discovery Order by USA as to James B. Comey, Jr. (Attachments: # 1 Proposed Order)(Diaz, Gabriel) (Entered: 10/11/2025) 1 Proposed Order View on RECAP	RECAP
31	Oct. 12, 2025	RESPONSE in Opposition by James B. Comey, Jr re 30 MOTION for Discovery Order (Carmichael, Jessica) (Entered: 10/12/2025)	RECAP
32	Oct. 12, 2025	ORDERED that the government's Motion for Discovery Order is DENIED; it is further ORDERED that the government shall provide Defendant with all discovery required under Federal Rule of Criminal Procedure 16(a) by Monday, October 13, 2025. To the extent that the parties cannot reach agreement with respect to the terms of a protective order by Monday, October 13, 2025, at 5:00 p.m., the Court shall promptly set a hearing to resolve any such dispute. Under no circumstance shall the failure to reach agreement with respect to a protective order justify withholding prompt disclosure of discovery to defense counsel for review as to James B. Comey Jr. Signed by District Judge Michael S Nachmanoff on 10/12/2025. (jlan) (Entered: 10/12/2025)	RECAP
33	Oct. 12, 2025	First MOTION for Protective Order by USA as to James B. Comey, Jr. (Attachments: # 1 Proposed Order)(Lemons, Nathaniel) (Entered: 10/12/2025) 1 Proposed Order View on RECAP	RECAP
34	Oct. 13, 2025	RESPONSE in Opposition by James B. Comey, Jr re 33 First MOTION for Protective Order (Attachments: # 1 Proposed Order)(Carmichael, Jessica) (Entered: 10/13/2025) 1 Proposed Order View on RECAP	RECAP
35	Oct. 13, 2025	Consent MOTION for Protective Order by USA as to James B. Comey, Jr. (Attachments: # 1 Proposed Order CIPA 3 Protective Order)(Diaz, Gabriel) (Entered: 10/13/2025) 1 Proposed Order CIPA 3 Protective Order View on RECAP	RECAP
36	Oct. 13, 2025	Consent MOTION for CIPA Briefing Schedule by USA as to James B. Comey, Jr. (Attachments: # 1 Proposed Order Joint Proposed CIPA Scheduling Order)(Diaz, Gabriel) (Entered: 10/13/2025) 1 Proposed Order Joint Proposed CIPA Scheduling Order View on RECAP	RECAP
37	Oct. 13, 2025	NOTICE of Filing Memorandum of Understanding Regarding Classified Information by James B. Comey, Jr (Attachments: # 1 Exhibit)(Carmichael, Jessica) (Entered: 10/13/2025) 1 Exhibit View on RECAP	RECAP
38	Oct. 13, 2025	First MOTION Implementation of Filter Protocol by USA as to James B. Comey, Jr. (Attachments: # 1 Proposed Order Proposed Filter Protocol with Appendix A and B)(Lemons, Nathaniel) (Entered: 10/13/2025) 1 Proposed Order Proposed Filter Protocol with Appendix A and B View on PACER	RECAP
39	Oct. 13, 2025	ORDERED that the government's First Motion for Protective Order (ECF 33) is DENIED; and it is further ORDERED that Defendant's proposed protective order (ECF 34-1) is ADOPTED and will be separately entered in an order to follow as to James B. Comey Jr. Signed by District Judge Michael S. Nachmanoff on 10/13/2025. (jlan) (Entered: 10/13/2025)	RECAP
40	Oct. 13, 2025	Protective Order as to James B. Comey, Jr. (see order for details). Signed by District Judge Michael S. Nachmanoff on 10/13/2025. (jlan) (Entered: 10/13/2025)	RECAP
41	Oct. 14, 2025	NOTICE of Intent to File Motion by James B. Comey, Jr (Carmichael, Jessica) (Entered: 10/14/2025)	RECAP

Case: United States v. Comey

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

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