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United States v. Comey (FBI testimony, 2025 E.D.)

No. 1:25-cr-00272 District · Decided
Court
Federal (Criminal)
vaed
Judge
Michael S. Nachmanoff 46
Decided
Nov 24, 2025
Filed
Sep 25, 2025
Judge (CL)
Michael S. Nachmanoff 46
Filed (CL)
Sep 25, 2025
CL Status
terminated
False statements to Congress Grand jury discretion Grand jury indictment requirement Grand jury presentation requirement Obstruction of Congressional investigation Obstruction of congressional inquiry Statute of limitations grand jury indictment False statements Motion to dismiss prosecutorial discretion

Legal Issues

False statements to CongressGrand jury discretionGrand jury indictment requirementGrand jury presentation requirementObstruction of Congressional investigationObstruction of congressional inquiryStatute of limitationsgrand jury indictmentFalse statementsMotion to dismissprosecutorial discretion

BrynoDC Coverage 3 videos

The Law · How the Case Works

Overview

Overview

A grand jury in the Eastern District of Virginia indicted former FBI Director James Comey on two counts arising out of his testimony before the Senate Judiciary Committee on Sept. 30, 2020.

The Application

History

Comey testified under oath before the Senate Judiciary Committee on September 30, 2020; federal prosecutors presented evidence to a grand jury that his testimony and conduct satisfied the elements of two criminal counts.

The Conclusion

A grand jury in the Eastern District of Virginia found probable cause and returned an indictment on September 25, 2025; the case is proceeding before Judge Michael S. Nachmanoff in the Eastern District of Virginia.

Court -
FiledSep 25, 2025
Judge Michael S. Nachmanoff 46
CL Statusterminated
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Docket

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Outcome History (4)

  1. Nov 5, 2025 District
    Other Neutral

    Government's Motion for Implementation of Filter Protocol denied, directed to produce seized materials.

  2. Nov 13, 2025 District
    Other Neutral

    Motion Hearing held, motions arguments taken under advisement.

  3. Nov 17, 2025 District
    Stay granted Neutral

    Stay granted on Judge Fitzpatrick's Order pending government's objections and resolution by the court.

  4. Nov 24, 2025 District
    Dismissed Full relief

    Indictment dismissed due to unlawful appointment of Interim U.S. Attorney under 28 U.S.C. § 546 and Appointments Clause violations.

Federal Court Criminal TMR-1b5d1364 Indictment of James Comey Aug 5, 2026

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