Case: United States v. Comey

4:26-cr-00016 | U.S. District Court for the Eastern District of North Carolina

Filed Date: April 28, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

A case summary is not yet available via the Clearinghouse.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73256624/parties/united-states-v-comey/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Appearance, Rebekah Donaleski (North Carolina)

Appearance, Elias Kim (North Carolina)

Appearance, Ephraim A (North Carolina)

Appearance, Michael Dreeben (North Carolina)

Appearance, Mikhaila Rose (North Carolina)

Documents in the Clearinghouse

Documents in this case
1

4:26-cr-00016

Indictment

United States of America v. Comey Jr.

April 28, 2026

April 28, 2026

Order/Opinion
33

4:26-cr-00016

James B. Comey Jr.’S Memorandum In Support Of Motion To Dismiss Indictment For Lack Of A True Threat

United States of America v. Comey Jr.

July 27, 2026

July 27, 2026

Pleading / Motion / Brief
36

4:26-cr-00016

James B. Comey Jr.’S Memorandum In Support Of Motion To Dismiss Indictment For Vindictive And Selective Prosecution

United States of America v. Comey Jr.

July 28, 2026

July 28, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73256624/united-states-v-comey/

Last updated Oct. 12, 2026, 3:07 a.m.

Docket for: United States v. Comey
ECF Number Date Description Link
1 April 28, 2026

INDICTMENT as to James Brien Comey, Jr (1) counts 1 and 2. The foreperson's signature has been redacted pursuant to the E-Government Act. The unredacted version of this document has been filed under seal. (Pendergrass, C) (Entered: 04/28/2026)

Clearinghouse
2 April 28, 2026

Unredacted Document 1 Indictment (Pendergrass, C) (Entered: 04/28/2026)

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3 April 28, 2026

Warrant Requested by USA as to James Brien Comey, Jr. (Pendergrass, C) (Entered: 04/28/2026)

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4 April 28, 2026

Arrest Warrant Issued by Peter A. Moore, Jr., Clerk of Court in case as to James Brien Comey, Jr. Original to US Marshal's Office for service. (Pendergrass, C) (Entered: 04/28/2026)

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5 April 28, 2026

Penalty Sheet (Selected Participants Only) as to James Brien Comey, Jr (Pendergrass, C) (Entered: 04/28/2026)

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6 April 29, 2026

Rule 5(c)(3) Documents Received from Eastern District of Virginia as to James Brien Comey, Jr. (Main Document: Due Process Protections Act Order. Attachments: # 1 Order Granting Motion for Pro Hac Vice, # 2 Receipt for Pro Hac Vice Fee) (Zak, J) (Entered: 04/30/2026)

1 Order Granting Motion for Pro Hac Vice

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2 Receipt for Pro Hac Vice Fee

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April 29, 2026

Arrest of James Brien Comey, Jr. in Eastern District of Virginia. (Zak, J)

April 29, 2026

Arrest - Other District

April 30, 2026

Arrest - Other District

April 30, 2026

Set Hearing as to James Brien Comey, Jr. - Initial Appearance set for 5/11/2026 at 11:00 AM in Greenville - Courtroom before US Magistrate Judge Kimberly A. Swank. (Zak, J)

April 30, 2026

Arrest of James Brien Comey, Jr. in Eastern District of Virginia. (Zak, J)

April 30, 2026

Set/Reset Hearings

8 May 7, 2026

Notice of Attorney Appearance: Joseph E. Zeszotarski, Jr appearing for James Brien Comey, Jr as LR 57.1 Counsel. (Zeszotarski, Joseph) (Entered: 05/07/2026)

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9 May 7, 2026

Consent MOTION To Cancel Second Initial Appearance filed by James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order) (Zeszotarski, Joseph) (Entered: 05/07/2026)

1 Text of Proposed Order

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10 May 7, 2026

ORDER as to James Brien Comey, Jr. - This matter is before the court on defendant's motion to cancel initial appearance (DE 9 ) scheduled for May 11, 2026. The court will cancel this proceeding upon defendant filing waiver of initial appearance in this district on or before May 8, 2026. If no such waiver is filed, the initial appearance will proceed as scheduled. Signed by District Judge Louise Wood Flanagan on 5/7/2026. Counsel should read order in its entirety for additional deadline and information. (Zak, J) (Entered: 05/07/2026)

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May 7, 2026

Motion Submitted

May 7, 2026

Motion Submitted to District Judge Louise Wood Flanagan regarding 9 Consent MOTION To Cancel Second Initial Appearance as to James Brien Comey, Jr. (Zak, J)

11 May 8, 2026

Waiver of of Initial Appearance in EDNC by defendant James Brien Comey, Jr. (Zeszotarski, Joseph) (Entered: 05/08/2026)

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12 May 8, 2026

SCHEDULING ORDER as to James Brien Comey, Jr. - The attorneys are ORDERED to conduct a pretrial conference on or before May 29, 2026. Pretrial Motions shall be filed no later than June 5, 2026. Responses to Motions shall be filed no later than June 15, 2026. The case is set for arraignment at 9:30 a.m. June 30, 2026, at New Bern, and, upon not guilty plea, for trial commencing July 15, 2026. Signed by District Judge Louise Wood Flanagan on 5/8/2026. Counsel should read attached order in its entirety for critical information and deadlines. (Zak, J) (Entered: 05/08/2026)

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May 8, 2026

Terminate Deadlines and Hearings

May 8, 2026

Terminate Initial Appearance Hearing on 5/11/2026 as to James Brien Comey, Jr. - see Waiver of Initial Appearance in Eastern District of North Carolina at DE 11 . (Zak, J)

13 May 14, 2026

NOTICE OF SPECIAL APPEARANCE FOR NON-DISTRICT COUNSEL Patrick J. Fitzgerald - Special Appearance appearing for James Brien Comey, Jr (Fitzgerald - Special Appearance, Patrick) (Entered: 05/14/2026)

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14 May 20, 2026

MOTION for Extension of Time to file Pretrial Motions, MOTION to Continue Arraignment filed by James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order) (Zeszotarski, Joseph) (Entered: 05/20/2026)

1 Text of Proposed Order

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May 20, 2026

Motion Submitted

May 20, 2026

Motion Submitted to District Judge Louise Wood Flanagan regarding 14 MOTION for Extension of Time to file Pretrial Motions and MOTION to Continue Arraignment as to James Brien Comey, Jr. (Zak, J)

15 May 26, 2026

ORDER granting 14 Motion for Extension of Time to File Pretrial Motions and Motion to Continue Arraignment as to James Brien Comey, Jr. - The court finds that the ends of justice served by granting the requested continuance and setting arraignment for September 30, 2026, outweigh the best interests of the public and defendant in a speedy trial. All pretrial motions shall be filed no later than July 28, 2026. Responses to motions shall be filed no later than August 18, 2026. Replies to any pretrial motions shall be filed no later than September 1, 2026. In accordance with the foregoing, arraignment is set at 10:00 a.m. September 30, 2026. Upon not guilty plea, jury trial shall commence at New Bern October 21, 2026, at 9:00 a.m. Signed by District Judge Louise Wood Flanagan on 5/26/2026. Counsel should read attached order in its entirety for critical information and additional deadlines. (Zak, J) (Entered: 05/26/2026)

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May 26, 2026

Set/Reset Hearings

May 26, 2026

Reset Hearings as to James Brien Comey, Jr. - Arraignment reset for 9/30/2026 at 10:00 AM in New Bern - Courtroom before District Judge Louise Wood Flanagan. Upon not guilty plea, jury trial shall commence at New Bern October 21, 2026, at 9:00 a.m. (Zak, J)

16 May 29, 2026

Notice of Substitution of Counsel filed by Timothy M. Severo on behalf of USA substituting for Matthew Petracca. (Severo, Timothy) (Entered: 05/29/2026)

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17 June 12, 2026

ORDER as to James Brien Comey, Jr. - Acting within its discretion, the court provides this notice that no amicus brief will be considered. Any future motion requesting permission to file summarily will be denied. Signed by District Judge Louise Wood Flanagan on 6/12/2026. (Zak, J) (Entered: 06/12/2026)

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18 June 22, 2026

NOTICE OF SPECIAL APPEARANCE FOR NON-DISTRICT COUNSEL Alexander James Kasner appearing for James Brien Comey, Jr (Kasner, Alexander) (Entered: 06/22/2026)

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19 June 22, 2026

NOTICE OF SPECIAL APPEARANCE FOR NON-DISTRICT COUNSEL Dev Ranjan appearing for James Brien Comey, Jr (Ranjan, Dev) (Entered: 06/22/2026)

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20 June 22, 2026

NOTICE OF SPECIAL APPEARANCE FOR NON-DISTRICT COUNSEL Elias Kim appearing for James Brien Comey, Jr (Kim, Elias) (Entered: 06/22/2026)

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21 June 22, 2026

NOTICE OF SPECIAL APPEARANCE FOR NON-DISTRICT COUNSEL Michael Dreeben appearing for James Brien Comey, Jr (Dreeben, Michael) (Entered: 06/22/2026)

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22 June 22, 2026

NOTICE OF SPECIAL APPEARANCE FOR NON-DISTRICT COUNSEL Rebekah Donaleski appearing for James Brien Comey, Jr (Donaleski, Rebekah) (Entered: 06/22/2026)

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23 June 22, 2026

NOTICE OF SPECIAL APPEARANCE FOR NON-DISTRICT COUNSEL Ephraim A McDowell appearing for James Brien Comey, Jr (McDowell, Ephraim) (Entered: 06/22/2026)

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24 June 24, 2026

Consent MOTION for Protective Order filed by USA as to James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order Protective Order) (Severo, Timothy) (Entered: 06/24/2026)

1 Text of Proposed Order Protective Order

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25 June 24, 2026

PROTECTIVE ORDER as to James Brien Comey, Jr. Signed by District Judge Louise Wood Flanagan on 6/24/2026. (Zak, J) (Entered: 06/24/2026)

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28 July 13, 2026

MOTION to Permit Filing of One Combined Memorandum of Law Not to Exceed 40 Pages in support of Motions to Dismiss for Selective Prosecution and Vindictive Prosecution filed by James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order) (Zeszotarski, Joseph) (Entered: 07/13/2026)

1 Text of Proposed Order

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July 14, 2026

Motion Submitted

July 14, 2026

Motion Submitted to District Judge Louise Wood Flanagan regarding 28 MOTION to Permit Filing of One Combined Memorandum of Law Not to Exceed 40 Pages in support of Motions to Dismiss for Selective Prosecution and Vindictive Prosecution as to James Brien Comey, Jr. (Zak, J)

29 July 15, 2026

ORDER as to James Brien Comey, Jr. - Defendant's Motion to Permit Filing of One Combined Memorandum of Law, DE 28, is GRANTED. It is hereby ORDERED that Defendant may submit one combined memorandum of law in support of his separate motions to dismiss for selective prosecution and for vindictive prosecution, not to exceed 40 pages in length. Signed by District Judge Louise Wood Flanagan on 7/15/2026. (Zak, J) (Entered: 07/15/2026)

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32 July 27, 2026

MOTION to Dismiss Indictment for Lack of a True Threat filed by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) (Entered: 07/27/2026)

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33 July 27, 2026

Memorandum in Support by James Brien Comey, Jr regarding 32 MOTION to Dismiss Indictment for Lack of a True Threat filed by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) (Entered: 07/27/2026)

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34 July 28, 2026

MOTION for Extension of Time for Filing Pretrial Motions to Compel Discovery filed by James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order) (Zeszotarski, Joseph) (Entered: 07/28/2026)

1 Text of Proposed Order

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35 July 28, 2026

MOTION to Dismiss Indictment for Vindictive and Selective Prosecution filed by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) (Entered: 07/28/2026)

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36 July 28, 2026

Memorandum in Support by James Brien Comey, Jr regarding 35 MOTION to Dismiss Indictment for Vindictive and Selective Prosecution filed by James Brien Comey, Jr. (Attachments: # 1 Exhibit A - Appendix of Public Statements) (McDowell - Special Appearance, Ephraim) (Entered: 07/28/2026)

1 Exhibit A - Appendix of Public Statements

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37 July 28, 2026

MOTION for Disclosure of Grand Jury Proceedings filed by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) (Entered: 07/28/2026)

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38 July 28, 2026

Memorandum in Support by James Brien Comey, Jr regarding 37 MOTION for Disclosure of Grand Jury Proceedings filed by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) (Entered: 07/28/2026)

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39 July 28, 2026

MOTION to Suppress and for Franks Hearing filed by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) (Entered: 07/28/2026)

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40 July 28, 2026

Memorandum in Support by James Brien Comey, Jr regarding 39 MOTION to Suppress and for Franks Hearing filed by James Brien Comey, Jr. (Attachments: # 1 Exhibit A: Warrant 1 (redacted), # 2 Exhibit B: Warrant 2 (redacted), # 3 Affidavit of John Gleeson, # 4 Declaration of David N. Kelly) (McDowell - Special Appearance, Ephraim) (Entered: 07/28/2026)

1 Exhibit A: Warrant 1 (redacted)

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2 Exhibit B: Warrant 2 (redacted)

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3 Affidavit of John Gleeson

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4 Declaration of David N. Kelly

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41 July 28, 2026

SEALED Exhibit, regarding DE 40, by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) Modified on 8/3/2026 to remove 'proposed' from docket text (Zak, J). (Entered: 07/28/2026)

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42 July 28, 2026

MOTION to Seal 41 PROPOSED SEALED Document filed by James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order) (McDowell - Special Appearance, Ephraim) (Entered: 07/28/2026)

1 Text of Proposed Order

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43 July 28, 2026

AFFIDAVIT by James Brien Comey, Jr 35 MOTION to Dismiss Indictment for Vindictive and Selective Prosecution filed by James Brien Comey, Jr., 39 MOTION to Suppress and for Franks Hearing filed by James Brien Comey, Jr., 37 MOTION for Disclosure of Grand Jury Proceedings filed by James Brien Comey, Jr. (Attachments: # 1 Exhibit A - Emails (05.21.2025), # 2 Exhibit B - Email 1 (05.16.2025), # 3 Exhibit C - Email 2 (05.16.2025), # 4 Exhibit D - Email 3 (5.16.2025), # 5 Exhibit E - Email 4 (05.16.2025), # 6 Exhibit F - Email (05.17.2025), # 7 Exhibit G - Email 5 (05.16.2025), # 8 Exhibit H - (document sealed pending motion to seal), # 9 Exhibit I - Case Abstract, # 10 Exhibit J - DOJ Letter (11.5.2025), # 11 Exhibit K - FBI Electronic Communication (11.12.2025), # 12 Exhibit L - FBI Document (11.17.2025), # 13 Exhibit M - FBI Document (12.1.2025), # 14 Exhibit N - FBI Collected Item Log, # 15 Exhibit O - (Audio), # 16 Exhibit P - Email (4.13.2026), # 17 Exhibit Q (document sealed pending motion to seal), # 18 Exhibit R - (document sealed pending motion to seal), # 19 Exhibit S - (document sealed pending motion to seal), # 20 Exhibit T - (document sealed pending motion to seal), # 21 Exhibit U - (document sealed pending motion to seal), # 22 Exhibit V - (document sealed pending motion to seal), # 23 Exhibit W - (document sealed pending motion to seal), # 24 Exhibit X - Email (11.17.2025), # 25 Exhibit Y - FBI Electronic Communication (11.20.2025), # 26 Exhibit Z - Email (4.16.2026), # 27 Exhibit AA - FBI Electronic Communication (4.23.2026), # 28 Exhibit BB - FBI Electronic Communication (4.30.2026), # 29 Exhibit CC - FBI Document (5.7.2026), # 30 Exhibit DD - FBI Document 2 (5.7.2026), # 31 Exhibit EE - FBI Electronic Communication (5.7.2026), # 32 Exhibit FF - Search Results 1, # 33 Exhibit GG - Search Results 2, # 34 Exhibit HH - FBI Electronic Communication (5.7.2026), # 35 Exhibit II - FBI Document (5.12.2026), # 36 Exhibit JJ - (Audio), # 37 Exhibit KK - Email (6.11.2026), # 38 Exhibit LL - U.S. Secret Service Document, # 39 Exhibit MM - Subpoena, # 40 Exhibit NN - Amazon Certificate of Authenticity, # 41 Exhibit OO - Email (6.3.2026), # 42 Exhibit PP - FBI Document (4.21.2026), # 43 Exhibit QQ - Email (5.23.2025) (McDowell - Special Appearance, Ephraim) Modified on 7/29/2026 to correct/update exhibit descriptions (Zak, J). (Entered: 07/28/2026)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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26 Exhibit Z

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27 Exhibit AA

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28 Exhibit BB

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29 Exhibit CC

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30 Exhibit DD

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31 Exhibit EE

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32 Exhibit FF

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33 Exhibit GG

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34 Exhibit HH

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35 Exhibit II

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36 Exhibit JJ

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37 Exhibit KK

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38 Exhibit LL

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39 Exhibit MM

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40 Exhibit NN

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41 Exhibit OO

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42 Exhibit PP

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43 Exhibit QQ

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44 July 28, 2026

SEALED Exhibit, regarding DE 43, by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) Modified on 8/3/2026 to remove' 'proposed' from docket text (Zak, J). (Entered: 07/28/2026)

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45 July 28, 2026

MOTION to Seal 44 PROPOSED SEALED Document filed by James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order) (McDowell - Special Appearance, Ephraim) (Entered: 07/28/2026)

1 Text of Proposed Order

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July 28, 2026

Motion Submitted

July 28, 2026

Motion Submitted to District Judge Louise Wood Flanagan regarding 34 MOTION for Extension of Time for Filing Pretrial Motions to Compel Discovery as to James Brien Comey, Jr. (Zak, J)

46 July 29, 2026

ORDER as to James Brien Comey, Jr. - For good cause shown, the Defendant's Motion for Extension of Time to File Pretrial Motions to Compel Discovery, DE 34, is GRANTED. Signed by District Judge Louise Wood Flanagan on 7/29/2026. (Zak, J) (Entered: 07/29/2026)

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47 July 29, 2026

MOTION for Leave to File Manually Sealed Exhibits to Affidavit of Patrick J. Fitzgerald filed by James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order) (McDowell - Special Appearance, Ephraim) (Entered: 07/29/2026)

1 Text of Proposed Order

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July 29, 2026

Notice to Counsel

July 29, 2026

Notice to Counsel regarding: 43 Affidavit: Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled, (i.e., Exhibit 1 is not a sufficient description). Additionally, when filing a document with more than five attachments, the first attachment must be an index of all the subsequent attached documents. Case manager has corrected entry. No further action is needed. (Zak, J)

July 30, 2026

Motion Submitted

July 30, 2026

Motion Submitted to District Judge Louise Wood Flanagan regarding 47 MOTION for Leave to File Manually Sealed Exhibits to Affidavit of Patrick J. Fitzgerald as to James Brien Comey, Jr. (Zak, J)

48 July 31, 2026

ORDER granting 47 Motion for Leave to Manually File Sealed Exhibits as to James Brien Comey, Jr. Signed by District Judge Louise Wood Flanagan on 7/31/2026. (Zak, J) (Entered: 07/31/2026)

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49 Aug. 3, 2026

ORDER granting 42 Motion to Seal as to James Brien Comey, Jr. For good cause shown, Docket Entry #41 is sealed until further order of this court. Signed by District Judge Louise Wood Flanagan on 8/3/2026. (Zak, J) (Entered: 08/03/2026)

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50 Aug. 3, 2026

ORDER granting 45 Motion to Seal as to James Brien Comey, Jr. For good cause shown, Docket Entry #44 is sealed until further order of this court. Signed by District Judge Louise Wood Flanagan on 8/3/2026. (Zak, J) (Entered: 08/03/2026)

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Aug. 4, 2026

Text Order

Aug. 4, 2026

TEXT ORDER as to James Brien Comey, Jr. - This matter comes before the court of its own initiative. To aid the court's consideration, defendant is DIRECTED to deliver to the court within 5 days paper copies of all motions now pending (DE 32, 35, 37, 39), as well as memoranda in support and exhibits not filed under seal. The parties are DIRECTED to deliver, within 5 days of the filing of responses and replies to such motions, if any, paper copies of such briefs and any exhibits not filed under seal. Entered by District Judge Louise Wood Flanagan on 8/4/2026. (Zak, J)

51 Aug. 5, 2026

NOTICE OF SPECIAL APPEARANCE FOR NON-DISTRICT COUNSEL Claire Groden appearing for James Brien Comey, Jr (Groden, Claire) (Entered: 08/05/2026)

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52 Aug. 18, 2026

RESPONSE in Opposition by USA as to James Brien Comey, Jr regarding 37 MOTION for Disclosure of Grand Jury Proceedings filed by USA as to James Brien Comey, Jr. (Attachments: # 1 Index Exhibit Table, # 2 Exhibit 1 - James Comey FDR Drive, Publishers Weekly, # 3 Exhibit 2 - James Comey, FDR Drive, Mysterious Press, pages 61-66, # 4 Exhibit 3 - James Comey, FDR Drive, Mysterious Press, pages 217-221, # 5 Exhibit 4 - Photo of shell message with his phone at 1:56 pm Bates no. 12992, # 6 Exhibit 5 -U.S. English slang for 86, # 7 Exhibit 6 - Cassell Dictionary of Slang 2d Edition, # 8 Exhibit 7 - Cassell Dictionary of Slang - 86 Term, # 9 Exhibit 8 - Text Exchange, # 10 Exhibit 9 - Defendants Text Exchange, # 11 Exhibit 10 - Publishing Agent and Defendants Text Exchange, # 12 Exhibit 11- Manually Filed (Clip of The Tonight Show with Stephen Colbert)) (Severo, Timothy) (Entered: 08/18/2026)

1 Index Exhibit Table

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2 Exhibit 1 - James Comey FDR Drive, Publishers Weekly

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3 Exhibit 2 - James Comey, FDR Drive, Mysterious Press, pages 61-66

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4 Exhibit 3 - James Comey, FDR Drive, Mysterious Press, pages 217-221

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5 Exhibit 4 - Photo of shell message with his phone at 1:56 pm Bates no. 12992

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6 Exhibit 5 -U.S. English slang for 86

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7 Exhibit 6 - Cassell Dictionary of Slang 2d Edition

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8 Exhibit 7 - Cassell Dictionary of Slang - 86 Term

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9 Exhibit 8 - Text Exchange

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10 Exhibit 9 - Defendants Text Exchange

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11 Exhibit 10 - Publishing Agent and Defendants Text Exchange

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12 Exhibit 11- Manually Filed (Clip of The Tonight Show with Stephen Colbert)

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53 Aug. 18, 2026

RESPONSE in Opposition by USA as to James Brien Comey, Jr regarding 35 MOTION to Dismiss Indictment for Vindictive and Selective Prosecution filed by USA as to James Brien Comey, Jr. (Attachments: # 1 Affidavit USA Boyle Affidavit) (Severo, Timothy) (Entered: 08/18/2026)

1 Affidavit USA Boyle Affidavit

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54 Aug. 18, 2026

RESPONSE in Opposition by USA as to James Brien Comey, Jr regarding 32 MOTION to Dismiss Indictment for Lack of a True Threat filed by USA as to James Brien Comey, Jr. (Attachments: # 1 Index Exhibit Index, # 2 Exhibit 1 -James Comey FDR Drive, Publishers Weekly, # 3 Exhibit 2 - James Comey, FDR Drive, Mysterious Press, pages 61-66, # 4 Exhibit 3 - James Comey, FDR Drive, Mysterious Press, pages 217-221, # 5 Exhibit 4 - Photo of shell message with his phone at 1:56 pm Bates no. 12992, # 6 Exhibit 5 - U.S. English slang for 86, # 7 Exhibit 6 - Cassell Dictionary of Slang 2d Edition, # 8 Exhibit 7 - Cassell Dictionary of Slang - 86 Term, # 9 Exhibit 8 - Text Exchange, # 10 Exhibit 9 -Defendants Text Exchange, # 11 Exhibit 10 - Publishing Agent and Defendants Text Exchange, # 12 Exhibit 11 - Manual Filing of The Tonight Show with Stephen Colbert) (Severo, Timothy) (Entered: 08/18/2026)

1 Index Exhibit Index

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2 Exhibit 1 -James Comey FDR Drive, Publishers Weekly

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3 Exhibit 2 - James Comey, FDR Drive, Mysterious Press, pages 61-66

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4 Exhibit 3 - James Comey, FDR Drive, Mysterious Press, pages 217-221

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5 Exhibit 4 - Photo of shell message with his phone at 1:56 pm Bates no. 12992

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6 Exhibit 5 - U.S. English slang for 86

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7 Exhibit 6 - Cassell Dictionary of Slang 2d Edition

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8 Exhibit 7 - Cassell Dictionary of Slang - 86 Term

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9 Exhibit 8 - Text Exchange

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10 Exhibit 9 -Defendants Text Exchange

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11 Exhibit 10 - Publishing Agent and Defendants Text Exchange

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12 Exhibit 11 - Manual Filing of The Tonight Show with Stephen Colbert

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55 Aug. 18, 2026

RESPONSE in Opposition by USA as to James Brien Comey, Jr regarding 39 MOTION to Suppress and for Franks Hearing filed by USA as to James Brien Comey, Jr. (Attachments: # 1 Index Exhibit Index, # 2 Exhibit 1 - James Comey FDR Drive, Publishers Weekly, # 3 Exhibit 2 - James Comey, FDR Drive, Mysterious Press, pages 61-66, # 4 Exhibit 3 - James Comey, FDR Drive, Mysterious Press, pages 217-221, # 5 Exhibit 4 - Photo of shell message with his phone at 1:56 pm Bates no. 12992, # 6 Exhibit 5 - U.S. English slang for 86, # 7 Exhibit 6 - Cassell Dictionary of Slang 2d Edition, # 8 Exhibit 7 - Cassell Dictionary of Slang - 86 Term, # 9 Exhibit 8 - Text Exchange, # 10 Exhibit 9 - Defendants Text Exchange, # 11 Exhibit 10 - Publishing Agent and Defendants Text Exchange, # 12 Exhibit 11 - Manually Filed, The Tonight Show with Stephen Colbert) (Severo, Timothy) (Entered: 08/18/2026)

1 Index Exhibit Index

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2 Exhibit 1 - James Comey FDR Drive, Publishers Weekly

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3 Exhibit 2 - James Comey, FDR Drive, Mysterious Press, pages 61-66

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4 Exhibit 3 - James Comey, FDR Drive, Mysterious Press, pages 217-221

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5 Exhibit 4 - Photo of shell message with his phone at 1:56 pm Bates no. 12992

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6 Exhibit 5 - U.S. English slang for 86

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7 Exhibit 6 - Cassell Dictionary of Slang 2d Edition

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8 Exhibit 7 - Cassell Dictionary of Slang - 86 Term

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9 Exhibit 8 - Text Exchange

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10 Exhibit 9 - Defendants Text Exchange

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11 Exhibit 10 - Publishing Agent and Defendants Text Exchange

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12 Exhibit 11 - Manually Filed, The Tonight Show with Stephen Colbert

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56 Aug. 18, 2026

Notice of Manual Filing filed by USA as to James Brien Comey, Jr. regarding 52 Response in Opposition, 54 Response in Opposition, and 55 Response in Opposition. (Severo, Timothy) Modified on 8/19/2026 to correct docket text (Zak, J). (Entered: 08/18/2026)

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57 Aug. 19, 2026

ORDER as to James Brien Comey, Jr. - The court construes the government's filing, DE 56, as a motion for leave to manually file the disc described therein, and, for good cause shown, the court ALLOWS the motion. Within seven days of the date of this order, the government shall file manually the disc described in its motion. Signed by District Judge Louise Wood Flanagan on 8/19/2026. (Zak, J) (Entered: 08/19/2026)

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58 Aug. 21, 2026

MOTION to Permit Filing One Combined Reply, Not to Exceed 20 Pages, in Support of Motions to Dismiss for Vindictive Prosecution and Selective Prosecution filed by James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order) (Zeszotarski, Joseph) (Entered: 08/21/2026)

1 Text of Proposed Order

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59 Aug. 24, 2026

ORDER granting 58 Motion to Permit Filing One Combined Reply, in Support of Motions to Dismiss for Vindictive Prosecution and Selective Prosecution as to James Brien Comey, Jr. Signed by District Judge Louise Wood Flanagan on 8/24/2026. (Zak, J) (Entered: 08/24/2026)

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60 Aug. 31, 2026

NOTICE OF SPECIAL APPEARANCE FOR NON-DISTRICT COUNSEL Mikhaila Rose Fogel appearing for James Brien Comey, Jr (Fogel, Mikhaila) (Entered: 08/31/2026)

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61 Sept. 1, 2026

REPLY TO RESPONSE to Motion by James Brien Comey, Jr regarding 32 MOTION to Dismiss Indictment for Lack of a True Threat filed by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) (Entered: 09/01/2026)

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62 Sept. 1, 2026

REPLY TO RESPONSE to Motion by James Brien Comey, Jr regarding 35 MOTION to Dismiss Indictment for Vindictive and Selective Prosecution filed by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) (Entered: 09/01/2026)

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63 Sept. 1, 2026

PROPOSED SEALED Affidavit by James Brien Comey, Jr 62 Reply to Response filed by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) (Entered: 09/01/2026)

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64 Sept. 1, 2026

MOTION to Seal 63 PROPOSED SEALED Affidavit filed by James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order) (McDowell - Special Appearance, Ephraim) (Entered: 09/01/2026)

1 Text of Proposed Order

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65 Sept. 1, 2026

REPLY TO RESPONSE to Motion by James Brien Comey, Jr regarding 39 MOTION to Suppress and for Franks Hearing filed by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) (Entered: 09/01/2026)

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66 Sept. 1, 2026

REPLY TO RESPONSE to Motion by James Brien Comey, Jr regarding 37 MOTION for Disclosure of Grand Jury Proceedings filed by James Brien Comey, Jr. (McDowell - Special Appearance, Ephraim) (Entered: 09/01/2026)

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67 Sept. 1, 2026

MOTION for Leave to File Manually Sealed Exhibit to Supplemental Affidavit of Patrick J. Fitzgerald filed by James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order) (McDowell - Special Appearance, Ephraim) (Entered: 09/01/2026)

1 Text of Proposed Order

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Sept. 2, 2026

Motion Submitted

Sept. 2, 2026

Motion Submitted to District Judge Louise Wood Flanagan regarding 67 MOTION for Leave to File Manually Sealed Exhibit to Supplemental Affidavit of Patrick J. Fitzgerald and 64 MOTION to Seal 63 PROPOSED SEALED Affidavit as to James Brien Comey, Jr. (Zak, J)

68 Sept. 3, 2026

ORDER granting 67 Motion for Leave to Manually File Exhibit as to James Brien Comey Jr. (1). Signed by District Judge Louise Wood Flanagan on 9/3/2026. (Castania, M) (Entered: 09/03/2026)

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69 Sept. 14, 2026

MOTION to Continue Arraignment and Trial Date filed by James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order) (Zeszotarski, Joseph) (Entered: 09/14/2026)

1 Text of Proposed Order

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Sept. 15, 2026

Motion Submitted

Sept. 15, 2026

Motion Submitted to District Judge Louise Wood Flanagan regarding 69 MOTION to Continue Arraignment and Trial Date as to James Brien Comey, Jr. (Zak, J)

70 Sept. 24, 2026

ORDER granting 64 Motion to Seal Docket Entry 63 as to James Brien Comey, Jr. (1). Signed by District Judge Louise Wood Flanagan on 9/24/2026. (Zak, J) (Entered: 09/24/2026)

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74 Sept. 25, 2026

ORDER granting 69 Motion to Continue as to James Brien Comey Jr. (1) The motion is ALLOWED. Following arraignment, upon a not guilty plea, the court then will set the trial date and corresponding filing deadlines. Signed by District Judge Louise Wood Flanagan on 9/25/2026. (Castania, M) (Entered: 09/25/2026)

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Sept. 25, 2026

Remark

Sept. 25, 2026

Remark - Arraignment that was set for 9/30/2026 at 10:00 AM in New Bern Courtroom before District Judge Louise Wood Flanagan has been terminated, as per the court's 9/25/2026 order. (Castania, M)

76 Oct. 9, 2026

PROPOSED SEALED MOTION by James Brien Comey, Jr (Attachments: # 1 Text of Proposed Order) (Zeszotarski, Joseph) (Entered: 10/09/2026)

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77 Oct. 9, 2026

MOTION to Seal 76 PROPOSED SEALED MOTION by James Brien Comey, Jr filed by James Brien Comey, Jr. (Attachments: # 1 Text of Proposed Order) (Zeszotarski, Joseph) (Entered: 10/09/2026)

1 Text of Proposed Order

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Case Details

State / Territory:

North Carolina

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: April 28, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

Eastern District of North Carolina 4:26-cr-00016

Recommended Citation