Federal Criminal Cases
U.S. v. Comey
Major Issue: Whether the former FBI Director gave false testimony to Congress.
Case Status: A jury trial is scheduled for January 5, 2026.
Case Description: On September 25, 2025, former FBI director James B. Comey was indicted on two criminal counts of giving false testimony and obstructing a Senate Judiciary Committee proceeding in 2020 when he stated he did not authorize anyone at the FBI to serve as an anonymous press source. Public reports indicate that President Trump personally ordered the prosecution despite the lack of sufficient evidence detailed in a declination memo, according to federal prosecutors who were subsequently fired, demoted, or forced to resign.
Procedural Posture: This case was filed in the District Court for the Eastern District of Virginia on September 25, 2025. Judge Michael S. Nachmanoff was assigned to Case No. 1:25-cr-272. Comey has pleaded not guilty, and a jury trial is scheduled for January 5, 2026.
District Court Proceedings
On September 25, 2025, former FBI director James B. Comey was indicted on two criminal counts of giving false testimony and obstructing a Senate Judiciary Committee proceeding in 2020 when he stated he did not authorize anyone at the FBI to serve as an anonymous press source. On October 8, 2025, Comey pleaded not guilty at his arraignment. On October 20, 2025, Comey filed Motions to Dismiss based on vindictive and selective prosecution, as well as the claim that the President’s appointment of Lindsey Halligan as U.S. Attorney for the Eastern District of Virginia violated the Appointments Clause and 28 U.S.C. § 546. A jury trial is scheduled for January 5, 2026.
- 2025-09-25 Indictment of James B. Comey (2 pages)
- 2025-09-25 Report of Grand Jury Failure to Concur in Indictment (4 pages)
- 2025-10-08 Comey Plea of Not Guilty at Arraignment (4 pages)
- 2025-10-08 Order for Due Process Protections (1 page)
- 2025-10-08 Order Scheduling Jury Trial for January 5, 2025 (1 page)
- 2025-10-10 Order Certifying Employees of the Litigation Security Group Retain Security Clearance (1 page)
- 2025-10-10 Order for Comey Motion Standard Discovery (7 pages)
- 2025-10-10 Order for First Pretrial Motion Deadline (1 page)
- 2025-10-10 Comey Motion for Standard Discovery (4 pages)
- 2025-10-11 Government Motion for Discovery Order (6 pages)
- 2025-10-12 Comey Response to Government Motion for Discovery Order (4 pages)
- 2025-10-12 Order Denying Government Motion for Discovery Order (3 pages)
- 2025-10-12 Government Motion for Protective Order (4 pages)
- 2025-10-13 Comey Response in Opposition to Government Motion for Protective Order (4 pages)
- 2025-10-13 Consent Motion for Protective Order Pursuant to Section 3 of the Classified Information Procedures Act (14 pages)
- 2025-10-13 Consent Motion for Scheduling Order on Classified Information Procedure Act (2 pages)
- 2025-10-13 Government Motion for Implementation of Filter Protocol (8 pages)
- 2025-10-13 Notice of Filing Memorandum of Understanding Regarding Classified Information (2 pages)
- 2025-10-13 Order Denying Government Motion for Protective Order (2 pages)
- 2025-10-14 Comey Notice of Intent to File Motion on Unlawful Appointment (3 pages)
- 2025-10-14 Protective Order for Classified Information (14 pages)
- 2025-10-14 Scheduling Order (2 pages)
- 2025-10-17 Comey Motion to Exceed Page Limit (3 pages)
- 2025-10-17 Order Granting Comey Motion to Exceed Page Limit (1 page)
- 2025-10-19 Government Motion for Expedited Ruling (5 pages)
- 2025-10-20 Comey Motion and Memorandum in Support of Motion to Dismiss Indictment Based on Vindictive and Selective Prosecution (60 pages)
- 2025-10-20 Comey Motion and Memorandum in Support of Motion to Dismiss Indictment Based on Unlawful Appointment (34 pages)
- 2025-10-20 Order Denying Government Motion for Expedited Ruling (3 pages)
- 2025-10-21 Order Motion Challenging the Qualifications of the U.S. Attorney (1 page)
- 2025-10-21 Order Motion Challenging the Qualifications of the current Interim United States Attorney Transferred to Honorable Cameron McGowan Currie (2 pages)
- 2025-10-27 Comey Response in Opposition to Motion of Implementation of Filter and Corresponding Exhibits (19 pages)
- 2025-10-27 Comey Motion to Seal Redacted Portions of Response in Opposition (4 pages)
- 2025-10-27 Josh Erlich Motion to File Amicus Brief as to Comey (40 pages)
- 2025-10-27 Josh Erlich Waiver of Oral Arguments (3 pages)
- 2025-10-27 Former Senior Officials of the U.S. DOJ Motion to File Amicus Brief as to Comey (49 pages)
- 2025-10-28 Bipartisan Group of Current and Former Members of Congress Motion for Leave to File Amicus Brief as to Comey (33 pages)
- 2025-10-28 Bipartisan Former Federal Judges and Former United States Attorneys in Support of Defendant’s Request for Relief as Amici Curiae (32 pages)
- 2025-10-28 Former Federal Judges and Former United States Attorney Disclosure of Financial Interests as to Comey (2 pages)
- 2025-10-28 Order Government to Submit All Documents Relating to the Indictment (1 page)
- 2025-10-29 Protect Democracy Project Waiver of Oral Argument (2 pages)
- 2025-10-29 Order Appointing Magistrate Judge William E. Fitzpatrick to Preside Over Proceedings Related to Privileged Materials (3 pages)
- 2025-10-30 Scheduling Order (1 page)
- 2025-10-30 Comey Motion to Dismiss Indictment Based on Fundamental Ambiguity and Literal Truth (28 pages)
- 2025-10-30 Comey Motion for Disclosure of Grand Jury Proceedings (26 pages)
- 2025-10-30 Comey Motion for Bill of Particulars (17 pages)
- 2025-10-30 Comey Motion to File Video Recording re Motion to Dismiss Indictment Based on Fundamental Ambiguity and Literal Truth (5 pages)
- 2025-10-30 Comey Motion to Seal Redacted Portions of Motions for Disclosure of Grand Jury Proceedings (4 pages)
- 2025-10-31 Comey Consent Motion for Extension of CIPA Deadlines (6 pages)
- 2025-10-31 Former Senior Officials of the DOJ Amici Curiae Brief in Support of Motion to Dismiss Indictment based on Vindicative and Selective Prosecution (43 pages)
- 2025-10-31 Protect Democracy Project in Support of Motion to Dismiss Indictment based on Vindictive and Selective Prosecution (29 pages)
- 2025-10-31 University Professors and Scholars Brief of Amici Curiae in Support of Motion to Dismiss Indictment based on Vindictive and Selective Prosecution (35 pages)
- 2025-10-31 Comey Notice Parties Consent Position on Public Hearing (2 pages)
- 2025-10-31 Bipartisan Former Federal Judges and Former United States Attorneys Brief of Amici in Support of Comey Request for Relief (27 pages)
- 2025-10-31 Bipartisan Current and Former Members of Congress in Support of Motion to Dismiss Indictment based on Unlawful Appointment (21 pages)
- 2025-11-02 USA Reply to Response as to Comey Re Sealed Documents (8 pages)
- 2025-11-03 USA Response in Opposition to Comey (35 pages)
- 2025-11-03 Order Hearing before Magistrate Judge on November 5, 2025 (2 pages)
- 2025-11-04 Scheduling Order (2 pages)
- 2025-11-05 Media Description
- 2025-11-05 Notice Government Compliance with Court Order (3 pages)
- 2025-11-05 Order Denying Motion for Implementation of Filter Protocol (3 pages)
- 2025-11-06 Order Government Move in the Issuing District to Unseal the Four 2019 and 2020 Search Warrants (2 pages)
- 2025-11-06 Notice of Compliance with Magistrate Judge (3 pages)
- 2025-11-06 Appeal of Magistrate Judge Decision (7 pages)
Appeals Court Proceedings
No proceedings to date.
Supreme Court Proceedings
No proceedings to date.