Federal Criminal Cases

U.S. v. Comey

Major Issue: Whether the former FBI Director gave false testimony to Congress.

Case Status: Awaiting a decision from the Court of Appeals.

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. On November 24, 2025, the Court dismissed the case because the President unlawfully appointed Lindsey Halligan as U.S. Attorney for the Eastern District of Virginia. However, on December 19, 2025, the Government appealed the case.

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. On November 24, 2025, the judge dismissed the case, ruling that Halligan was improperly appointed under 28 USC § 546.

Appeals Court Proceedings

On December 12, 2025, the U.S. Attorney appealed the criminal case against Comey to the Fourth Circuit Court of Appeals, and the case was assigned Docket Number 25-4674. On January 6, 2026, the U.S. Attorney filed a Motion to Consolidate the cases against Comey and Letitia James. Comey filed his Response on January 9, 2026, and the Court deferred the Motions on January 12, 2026. On September 15, 2026, the Court held a hearing, during which judges suggested that the government’s interpretation would allow limitless appointments that would effectively evade the Senate’s authority under the Appointments Clause.

Supreme Court Proceedings

No proceedings to date.