United States v. Comey (E.D. Va.)
Case Details
- Case No.: 1:25-CR-272
- Case Filed: September 25, 2025
- Jurisdiction: E.D. Va.
- Charges: 18 U.S.C. 1001(a)(2), 18 U.S.C. 1505
- Case Outcome: Dismissal without Prejudice
- Judge: Nachmanoff, Michael, S., Fitzpatrick, William, E., Vaala, Lindsey, R., Currie, Cameron, M.
- US Attorney: Halligan, Lindsey
- Defendant(s): Comey, James B. Jr.
- Defense Attorney: Fitzgerald, Patrick, J.
Key Topics in the Case
Case Analysis
Login is required to view the "Case Analysis" section of the Case Tracker. This content is limited to defense practitioners. Please log in or create a free NACDL account to continue. Non-NACDL members will be prompted to complete a brief attorney attestation form before access is granted.
Case Files
-
ECF: 1 - 09/25/25 - Government - Indictment
Indictment Count One False Statement, Count Two Obstruction of Congressional Proceeding -
ECF: 3 - 09/25/25 - Government - Other
Report of Grand Jury's Failure to Concur in an Indictment -
ECF: 10 - 09/25/25 - Court - Other
Transcript of proceedings for return of indictment and no-true-bill. -
ECF: 33 - 10/12/25 - Government - Motions for/against Discovery
Govt's proposed discovery protective order; DENIED ECF 39 -
ECF: 34 - 10/13/25 - Defense - Motions for/against Discovery
Comey Response In Opposiiton to Govt Protective Order -
ECF: 38 - 10/13/25 - Government - Motions
Govt Motion For Implementation of Filter Protocol; DENIED ECF 161 -
ECF: 39 - 10/13/25 - Court - Court Orders
Nachmanoff, DJ: Denying ECF 33 Govt protective order for overbroad application and limitation on sharing discovery with witnesses or with defendant except under supervision. -
ECF: 40 - 10/13/25 - Court - Court Orders
Nachmanoff, DJ: Protective Order for discovery as entered by the Court -
ECF: 59 - 10/20/25 - Defense - Motion to Dismiss
Comey Motion to Dismiss Indictment for selective and vindictive prosecution -
ECF: 59 - 10/20/25 - Defense - Motion to Dismiss
ECF 59-2 Attachment B to Comey MTD vindictive prosecution; 5/17/17 Senate testmony subject of Indictment -
ECF: 59 - 10/20/25 - Defense - Motion to Dismiss
ECF 59-3 Attachment C to Comey MTD vindictive prosecution; 9/30/20 Senate testimony subject of Indictment -
ECF: 59 - 10/20/25 - Defense - Other
ECF 59-4 Exhibit D to Comey MTD Vindictive Prosecution: Appendix of Public Statements of President Donald J. Trump and James B. Comey -
ECF: 60 - 10/20/25 - Defense - Motion to Dismiss
Comey Moton to Dismiss Indictment for unlawful appointment of US Attorney -
ECF: 71 - 10/27/25 - Defense - Motions
Comey Opposition to Govt Motion for Filter Protocol (with Ex. 1-5 filed under seal) -
ECF: 95 - 10/28/25 - Court - Court Orders
Currie, DJ: Govt directed to submit for in camera inspection entire grand jury record in connection with MTD for illegal appointment of US Attorney -
ECF: 102 - 10/29/25 - Court - Court Orders
Nachmanoff, DJ: Order appointing USMJ Fitzpatrick to preside over all proceedings related issues raised by Govt Motion for Filter Protocol (ECF 38) related to the potential review of privileged materials in this case. -
ECF: 105 - 10/30/25 - Defense - Motion to Dismiss
Comey Motion to Dismiss Indictment for 18 USC 1001(a)(2) for fundamental ambiguity of questions and literal truth of answers -
ECF: 106 - 10/30/25 - Defense - Motions for/against Discovery
Comey Motion for Disclosure of Grand Jury Proceedings -
ECF: 107 - 10/30/25 - Defense - Motion to Dismiss
Comey Motion for Bill of Particulars -
ECF: 132 - 11/02/25 - Government - Motions
Govt Reply to Comey Response re filter protocol -
ECF: 137 - 11/03/25 - Government - Other
Govt Response In Opposition to Comey MTD for unlawful appointment -
ECF: 138 - 11/03/25 - Government - Other
Response In Opposition to Comey Motion to Dismiss for Vindictive and Selective Prosecution -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-1 Attachment 1 to Govt Opposition to Comey MTD: DOJ IG June 2018 Review of Various Actions By FBi and DOJ In Advance of 2020 Election -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-2 Attachment 2 to Govt Opposition to Comey MTD: Comey 10/28/16 letter to Congressional Committee Chairs -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-3 Attachment 3 to Govt Opposition to Comey MTD: Daniel Richman email 1/2/15 to Patrick Findlay, FBI Office of General Counsel -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-4 Attachment 4 to Govt Opposition to Comey MTD: Daniel Richman 10/29/16 email to jbc -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-5 Attachment 5 to Govt Opposition to Comey MTD: Daniel Richman 10/30/16 email to jcb -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-6 Attachment 6 to Govt Opposition to Comey MTD: Comey 11/1/16 email to Daniel Richman -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-7 Attachment 7 to Govt Opposition to Comey MTD: Daniel Richman 11/02/16 email to Comey -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-8 Attachment 8 to Govt Opposition to Comey MTD: Comey 4/23/17 email to Richman and reply -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-9 Attachment 9 to Govt Opposition to Comey MTD: Richman 2/11/47 email to Individual 3, high ranking Govt official -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-10 Attachment 10 to Govt Opposition to Comey MTD: Daniel Richman May 2017 text exchange with Reporter 1 -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-11 Attachment 11 to Govt Opposition to Comey MTD: DOJ IG August 2019 Report of Investigation of Former FBI Director James Comey's Disclosure of Sensitive Information and Handling of Certain Memoranda -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-12 Attachment 12 to Govt Opposition to Comey MTD: FBI 7/21/25 Memorandum -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-13 Attachment 13 to Govt Opposition to Comey MTD: Comey 9/26/16 handwritten notes -
ECF: 138 - 11/03/25 - Government - Other
ECF 138-14 Attachment 14 to Govt Opposition to Comey MTD: Senate Hearing 9/30/20 transcript excerpt -
ECF: 148 - 11/04/25 - Court - Court Orders
Currie, DJ: Order for in camera submission of grand jury colloquy with the "indictment signer" in connection with MTD for illegal appointment of US Attorney -
ECF: 158 - 11/05/25 - Government - Other
Notice Of Compliance With Judicial Order ECF 148 for in camera submission of complete Grand Jury record -
ECF: 161 - 11/05/25 - Court - Court Orders
Fitzpatrick, MJ: Denying Govt Motion For Implementation of Filter Protocol (ECF 38), Ordering production to defendant of 2019 and 2020 search warrant materials and the complete grand jury record. -
ECF: 164 - 11/06/25 - Government - Other
Govt Appeal to USDJ Nachmanoff of USMJ Fitrzpatrick 11/5/25 Order for production of grand jury record to defendant. GRANTED IN PART ECF 164 -
ECF: 167 - 11/07/25 - Court - Court Orders
Nachmanoff, DJ: Order remanding to MJ Fitpatrick for further proceedings as to particularized need for grand jury disclosure. -
ECF: 171 - 11/10/25 - Defense - Other
Comey Response to Court's November 7, 2025 Order (ECF 171) -
ECF: 172 - 12/10/25 - Government - Other
Govt Additional Briefing On Disclosure Of Grand Jury Materials -
ECF: 172 - 11/10/25 - Government - Other
ECF 172-1 Exhibit 1 11/4/25 Affidavit of FBI S/A Francis Nero re collection 9/12/25 of Comey/Richman messages per request of S/A Warren -
ECF: 172 - 11/10/25 - Government - Other
ECF 172-2 Exhibit 2 11/4/25 Affidavit of FBI S/A Spenser Warren re review of Comey/Richman messages prior to indictment -
ECF: 174 - 11/10/25 - Defense - Other
Comey Reply Memo ISO Motion to Dismiss for Vindictive And Selective Prosecution -
ECF: 174 - 11/10/25 - Defense - Other
ECF 174-1 Appendix of Public Statements of Donald J. Trump, James B. Comey, Jr. and Members of Congress -
ECF: 175 - 11/10/25 - Defense - Other
Comey Reply Memo ISO Motion to Dismiss Indictment for unlawful appointment of US Attorney -
ECF: 177 - 11/10/25 - Court - Court Orders
Fitzpatrick, MJ: Order granting Govt request (ECF 172), orders grand jury record be submitted for in camera review -
ECF: 183 - 11/13/25 - Government - Other
Govt Response In Opposition To Def Motion For Bill Of Particulars -
ECF: 184 - 11/13/25 - Government - Other
Govt Response In Opposition To Def Motion To Disclose Grand Jury Materials (ECF 106) -
ECF: 185 - 11/13/25 - Government - Other
Govt Response In Opposition To Def Motion To Dismiss for fundamental ambiguity of questions and literal truth of answers -
ECF: 188 - 11/14/25 - Government - Other
Corrected Govt Informative Notice Clarifying The Record -
ECF: 188 - 11/14/25 - Government - Other
ECF 188-1: Exhibit 1: Declaration of Interim US Attorney For EDVA -
ECF: 188 - 11/14/25 - Government - Other
ECF 188-2: Exhibit 2: Ratification by Attorney General Pamela Bondi -
ECF: 191 - 11/17/25 - Court - Court Orders
Fitzpatrick, M.J: Memorandum Opinion GRANTING Comey access to grand jury record -
ECF: 193 - 11/17/25 - Court - Court Orders
Fitzpatrick, M.J: Order GRANTING Comey access to grand jury record -
ECF: 197 - 11/17/25 - Court - Court Orders
Nachmanoff DJ: Order GRANTING IN PART Govt Emergency Motion to stay Order for grand jury disclosure (ECF 197) -
ECF: 200 - 11/19/25 - Government - Other
Govt Objections to Magistrate Judge's Order To Release Grand Jury Materials To Defendant (ECF 191, 193) -
ECF: 200 - 11/19/25 - Government - Other
ECF 200-1 ATTACHMENT 1 to Govt Objections to Grand Jury Disclosure: court reporter 11/17/25 email to prosecutor -
ECF: 201 - 11/19/25 - Government - Other
Govt Notice of filing brief as to Gaither v. United States -
ECF: 203 - 11/20/25 - Defense - Other
Comey Reply In Support Of MTD Indictment for Fundamental Ambiguity and Literal Truth -
ECF: 204 - 11/20/25 - Defense - Other
Comey Reply In Support Of Motion For Bill Of Particulars -
ECF: 206 - 11/20/25 - Government - Other
Govt Notice Correcting The Record -
ECF: 206 - 11/20/25 - Government - Other
ECF 206-1 Exhbit A to Govt Notice Correcting The Record: transcript of return of indictment 9/25/25 (see also ECF 10) -
ECF: 208 - 11/20/25 - Defense - Other
Comey Reply Memo ISO Motion For Disclosure Of Grand Jury Proceedings -
ECF: 210 - 11/21/25 - Defense - Other
Comey Response to Govt Ojection to MJ Order to Disclose Grand Jury Materials (ECF 200) -
ECF: 212 - 11/21/25 - Defense - Motion to Dismiss
Comey Motion To Dismiss Indictment Based On Fifth Amendment, Rule 6, And Grand Jury Violations -
ECF: 213 - 11/24/25 - Court - Other
Currie, DJ: Opinion and Order granting Motion to Dismiss Indictment (ECF 60) without prejudice for unlawful appointment of US Attorney -
ECF: 217 - 12/19/25 - Government - Other
Govt Notice of Appeal from dismissal of Indictment (ECF 213)
Argument(s)
Final - Date Filed 12/22/25 - 4th Circuit Court of Appeals
See the Analysis section for appeal analysis.
Appeal Details
- Case Number: 25-4674
- Date Filed: 12/22/2025
- Filing Party: Government
- Jurisdiction: 4th Circuit Court of Appeals
- Type: Final
- Status: Pending
Appeal Files
-
ECF: 44 - 03/11/26 - Brief
Bipartisan Former Federal Judges and Former United States Attorneys in Support of Appellees -
ECF: 34 - 03/10/26 - Brief
Brief of Pacific Legal Foundation in Support of Appellees -
ECF: 47 - 03/13/26 - Brief
Reply Brief of United States -
ECF: 21 - 02/09/26 - Brief
Opening Brief of United States -
ECF: 32 - Brief
Bipartisan Current & Former Members of Congress in Support of Appellees -
-
ECF: 33 - 03/10/26 - Brief
Brief of Society for Rule of Law in Support of Defendants-Appellees -
ECF: 29 - 03/09/26 - Brief
Virginia Association of Criminal Defense Lawyers Supporting Appellees -
ECF: 27 - 03/03/26 - Brief
Brief of Defendant-Appellee -
ECF: 24 - 02/16/26 - Brief
Brief of Unify.US in Support of U.S. (Appellant)
Suggest a Case
Know of a federal case that departs from traditional enforcement norms? Let us know.
Suggest a CaseResources
Case Tracker Feedback
Help us improve the Unusual Case Tracker by sharing your experience and suggestions.
Take Brief Survey
