United States v. Comey (Fourth Circuit appeal)

Will the Fourth Circuit revive the criminal case against James Comey?

Court: U.S. Court of Appeals for the Fourth Circuit
Division: Appeals & Post-Conviction

Where the case stands

U.S. District Judge Cameron Currie dismissed the indictment without prejudice in November 2025, holding Halligan had been unlawfully serving as interim U.S. Attorney since Sept. 22, 2025, making the indictment an unlawful exercise of executive power. DOJ appealed to the Fourth Circuit on Dec. 22, 2025; oral argument is set for Sept. 15, 2026 in Richmond, consolidated for hearing with the companion Letitia James appeal.

Background

James Comey, FBI director 2013-2017, was indicted Sept. 25, 2025 in the Eastern District of Virginia days after President Trump publicly demanded action against him. The indictment was secured by interim U.S. Attorney Lindsey Halligan, a former Trump personal lawyer. The prosecution and its dismissal are a defining test of presidential influence over DOJ and of the lawful limits on interim U.S. Attorney appointments.

Charges

False statements to Congress, 18 U.S.C. § 1001(a)(2) (2020 Senate testimony)
Obstruction of a congressional proceeding, 18 U.S.C. § 1505

The arguments

Prosecution/State: DOJ argues Halligan's interim appointment was lawful and the dismissal was error; if reversed, federal law would give a 60-day window to re-indict despite the five-year statute of limitations having expired Sept. 30, 2025.

Defense: Halligan was appointed in violation of the interim-U.S.-Attorney statute and the Appointments Clause; because she alone presented the case to the grand jury, the indictment was void, and the limitations period has now run.

The record

District court dismissal opinion. Judge Currie's November 2025 opinion holding Halligan 'has been unlawfully serving' since Sept. 22, 2025 — the central document on appeal, public on the docket.
Grand jury and indictment records. Indictment and related grand-jury materials indexed publicly via the Clearinghouse/RECAP docket.
Fourth Circuit briefing. DOJ opening brief and Comey response publicly available; argument audio will be posted by the Fourth Circuit.

The line-setting read at the time this market opened

Reported as a long-shot for DOJ: prosecutors twice failed to re-secure a James indictment from a grand jury, Comey's limitations period has expired absent the appeal, and press coverage describes the appeal as an uphill legal gamble.

Awaiting decision — The Fourth Circuit panel's decision after the Sept. 15, 2026 argument: reverse the dismissal and revive the prosecution, or affirm and leave the case dead. The ruling is posted here, and on the board, the moment it's confirmed by two or more independent news organizations.

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Sources

Public record

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