The federal indictment of former FBI director James Comey was dismissed on November 24, 2025, when U.S. District Judge Cameron McGowan Currie ruled that the prosecutor who brought the charges had been unlawfully appointed. The Justice Department has appealed that dismissal to the Fourth Circuit, and in April 2026 it secured a separate indictment against Comey on unrelated charges tied to an Instagram post.
What Comey Was Charged With in 2025
A federal grand jury in the Eastern District of Virginia returned a two-count indictment against Comey on September 25, 2025. Count one charged him with making a false statement to Congress under 18 U.S.C. § 1001. Count two charged obstruction of a congressional proceeding under 18 U.S.C. § 1505.1U.S. Department of Justice. Statements Regarding Indictment of Former FBI Director2U.S. District Court, E.D. Va. United States v. James B. Comey Jr., Indictment
The charges centered on video testimony Comey gave to the Senate Judiciary Committee on September 30, 2020. Prosecutors alleged that Comey falsely told senators he had not “authorized someone else at the FBI to be an anonymous source in news reports” about an FBI investigation. The indictment claimed he had in fact authorized a colleague to speak to the press.2U.S. District Court, E.D. Va. United States v. James B. Comey Jr., Indictment Prosecutors pointed to a 2018 Justice Department inspector general report in which former FBI deputy director Andrew McCabe said Comey had authorized him to disclose information to reporters. Comey pleaded not guilty and maintained he had never authorized anyone at the FBI to serve as an anonymous source.3BBC News. James Comey Charged With False Statements and Obstruction
The indictment was signed by Lindsey Halligan, who had been named interim U.S. Attorney for the Eastern District of Virginia three days earlier on September 22, 2025. Attorney General Pam Bondi appointed her under 28 U.S.C. § 546.4Lawfare. Dispatch From the Hearing on Lindsey Halligan’s Appointment Halligan, a former defense lawyer for Trump in the Mar-a-Lago classified documents case, had no prior prosecutorial experience. She personally presented the case to the grand jury, and no career prosecutors put their names on the filing.5Politico. James Comey Indictment Flaws
Her predecessor, Erik Siebert, had resigned on September 19, 2025, hours after Trump publicly called for his removal. Siebert had told senior Justice Department officials that his office found insufficient evidence to bring charges against New York Attorney General Letitia James and had raised concerns about a potential case against Comey.6The New York Times. Erik Siebert Resigns as U.S. Attorney
Why the Judge Dismissed the Case
The case was originally assigned to U.S. District Judge Michael S. Nachmanoff.7CourtListener. United States v. Comey, 1:25-cr-00272 In October 2025, Fourth Circuit Chief Judge Albert Diaz designated Judge Currie of the District of South Carolina to handle motions concerning the appointment and qualifications of the U.S. Attorney, citing “the interest of maintaining public confidence in the impartial administration of justice.”8U.S. District Court, D.S.C. Designation of Judge Cameron McGowan Currie
On November 24, 2025, Judge Currie ruled that Halligan’s appointment was “invalid and unlawful” under both 28 U.S.C. § 546 and the Constitution’s Appointments Clause.9Lawfare. Federal Judge Dismisses Comey and James Indictments10CNN. James Comey and Letitia James Indictments Dismissed11Politico. Comey and James Cases Dismissed
Because Halligan had no valid authority, Judge Currie held that “all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside.”11Politico. Comey and James Cases Dismissed She rejected Attorney General Bondi’s attempt to retroactively ratify Halligan’s actions, warning that if the government could ratify unauthorized prosecutors after the fact, “the Government could send any private citizen off the street — attorney or not — into the grand jury room to secure an indictment so long as the Attorney General gives her approval after the fact. That cannot be the law.”12ABC News. Judge Dismisses Criminal Cases Against Comey and James
Judge Currie issued the same ruling in the parallel case against Letitia James, whose office had also been prosecuted by Halligan.
Can the Charges Be Brought Back?
The indictment was dismissed without prejudice, which in ordinary circumstances would allow the government to refile. Judge Currie flagged a decisive obstacle in Comey’s case: the five-year statute of limitations on the charges expired on September 30, 2025. Because no valid indictment existed by that date, she noted there was no “legitimate peg” for further prosecution.11Politico. Comey and James Cases Dismissed
Comey’s attorney, Patrick Fitzgerald, argued that because the September indictment was void, the statute of limitations had run and the case cannot be refiled at all.13NBC News. Judge Dismisses Cases Against James Comey and Letitia James Whether that argument holds depends on what the Fourth Circuit does next.
The Justice Department Appeal
On December 19, 2025, the Justice Department filed its appeal to the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia.14Boston Herald. Justice Department Appeals Dismissal of James Comey Indictments The appeal challenges the district court’s conclusion that Halligan’s appointment violated § 546 and the Appointments Clause. The central legal question is whether the Attorney General has authority to make successive interim U.S. Attorney appointments once the initial 120-day period has expired.15Congressional Research Service. Interim U.S. Attorney Appointment Analysis
Oral arguments in the Fourth Circuit for the Comey and James appeals are scheduled for September 15–18, 2026.16Law360. Oral Arguments in Comey, James Appeal Set for September If the Fourth Circuit reverses, the original indictment could be reinstated; if it affirms, the government’s ability to revive the charges is likely foreclosed by the statute of limitations issue Judge Currie identified.
The appeal is one of several. Federal judges in New Jersey, Nevada, and California have also disqualified interim U.S. Attorneys the administration installed without Senate confirmation, and the Justice Department is contesting those rulings in the Third and Ninth Circuits.17NBC News. Trump Admin Appeals Dismissal of Indictments18Roll Call. Trump Administration Challenged on U.S. Attorney Moves The broader question of whether the executive branch can bypass Senate confirmation of top prosecutors could ultimately reach the Supreme Court.19The New York Times. Trump Appeals Comey Case Dismissal
The Separate 2026 Indictment Over an Instagram Post
Comey’s legal exposure did not end with the Virginia dismissal. On April 28, 2026, a federal grand jury in the Eastern District of North Carolina indicted him on two counts: threatening to kill or injure the president under 18 U.S.C. § 871, and transmitting a threat in interstate commerce under 18 U.S.C. § 875(c).20Politico. James Comey Indicted Again21Roll Call. Justice Department Indicts James Comey Over Seashell Photo
The charges arose from a May 2025 Instagram post showing seashells arranged to spell “86 47,” with the caption, “Cool shell formation on my beach walk.” The administration interpreted the numbers as a call for violence against the 47th president, treating “86” as slang for getting rid of someone. Then-Secretary of Homeland Security Kristi Noem said the post could be a call for assassination, and the Secret Service investigated.21Roll Call. Justice Department Indicts James Comey Over Seashell Photo22NBC News. James Comey Indicted Over Seashell Photo
Comey deleted the post and denied any violent intent, saying that to him “86” meant “to leave a place” or “ditch a place” and that “it never occurred to me that it would be interpreted as being violent.”22NBC News. James Comey Indicted Over Seashell Photo He said he would fight the charges: “I’m still innocent, I’m still not afraid and I still believe in the independent federal judiciary.”23The New York Times. James Comey Indictment
U.S. District Judge Louise Flanagan initially set trial for October 21, 2026.24The Guardian. Prosecutor Leaves James Comey Case25The Hill. Prosecutor Steps Down From Comey Case26CBS News. Prosecutor Leaves DOJ Case Against James Comey Later reporting indicated the North Carolina case was also dismissed over a prosecutor appointment error.27Los Angeles Times. James Comey’s Case Will Play Out in Murky Area of Law
Why Comey Was a Target
Trump fired Comey on May 9, 2017, four years into Comey’s ten-year term as FBI director. The White House initially cited Comey’s handling of the investigation into Hillary Clinton’s private email server, with Deputy Attorney General Rod Rosenstein writing that Comey had “usurped the Attorney General’s authority” by publicly announcing his conclusion about the case in 2016.28NPR. President Trump Fires FBI Director James Comey At the time, Comey was overseeing the FBI’s investigation into Russian interference in the 2016 election and possible coordination with the Trump campaign. Trump later acknowledged in a television interview that he had the Russia investigation “in mind” when he decided to fire Comey.29ACLU. We’re Demanding Records on Comey’s Dismissal — Here’s Why
After the 2025 indictment was returned, Trump posted “JUSTICE IN AMERICA!” on Truth Social and told reporters, “Frankly, I hope there are others, because you can’t let this happen to a country.”30The Guardian. Trump Comey Prosecution Comey’s legal team cited Trump’s earlier social media post declaring “JUSTICE MUST BE SERVED, NOW!!!” as evidence of an impermissible discriminatory purpose behind the prosecution.31PBS NewsHour. Comey’s Lawyers Say Case Is Driven by Trump’s Personal Animus Judge Currie’s dismissal turned on the appointment defect rather than on vindictive-prosecution grounds, meaning the political-motivation arguments have not yet been ruled on by a court.
After the dismissal, Comey said in an Instagram video that he was “grateful that the court ended the case against me,” calling the prosecution “based on malevolence and incompetence.” He added that he remained “innocent” and “not afraid.”13NBC News. Judge Dismisses Cases Against James Comey and Letitia James