The Justice Department's criminal cases against former FBI Director James Comey

Comey appeared in court and asked a judge to dismiss the case as "vindictive and selective."^[11][12] In November a magistrate judge found evidence of "government misconduct" in how the prosecutor, Lindsey Halligan, secured the charges,^[13][14] and prosecutors revealed that the full grand jury might never have reviewed the final charges.^[15] On November 24 a federal judge dismissed the indictments of Comey and New York Attorney General Letitia James, finding that Halligan's appointment as interim US attorney was unlawful.^[3] Another judge then barred prosecutors from using some of the evidence as they sought a new indictment.^[16]

In April 2026 Comey was indicted on two felony counts over the seashell photo, which officials said threatened Trump.^[4] He sought dismissal, arguing that the post was protected speech,^[17] and the judge delayed the trial until early 2027 while weighing motions, including his claim that the case was driven by Trump's animus.^[18] A grand jury subpoenaed his longtime friend Daniel Richman,^[19] and in October 2026 the department charged Comey a third time, with unlawfully communicating national defense information about a document from his time as FBI director.^[1]