United States of America .v James B. Comey, Jr.

Alexandria, Virginia, criminal defense lawyers are representing the Defendant charged with:



Count 1:

1. On or about September 30, 2020, in the Eastern District of Virginia, the defendant, JAMES

B. COMEY JR., did willfully and knowingly make a materially false, Fictitious, and

fraudulent statement in a matter within the jurisdiction of the legislative branch of the

Government of the United Stales, by falsely stating to a U.S. Senator during a Senate

Judiciaiy Committee hearing that he, JAMES B. COMEY JR., had not "authorized

someone else at the FBI to be an anonymous source in news reports" regarding an FBI

investigation concerning PERSON 1.



2. That statement was false, because, as JAMES B. COMEY JR. then and there knew, he in

fact had authorized PERSON 3 to serve as an anonymous source in news reports regarding

an FBI investigation coneerning PERSON 1.



3. All in violation of 18 U.S.C. § 1001(a)(2)



Count 2:



. On or about September 30,2020, in the Eastern District ofVirginia, the defendant, JAMES

B. COMEY JR. did corruptly endeavor to influence, obstruct and impede the due and

proper exercise of the power of inquiry under which an investigation was being had before

the Senate Judiciary Committee by making false and misleading statements before that

conunittee.



5. All in violation of 18 U.S.C. § 1505.

Sep 25, 2025



Report of a Grand Jury's Failure to Concur in an Indictment by USA as to James B. Comey, Jr. (jlan) (Entered: 09/25/2025)



Motion to appear Pro Hac Vice by Patrick Fitzgerald and Certification of Local Counsel Jessica Carmichael (Filing fee $ 75 receipt number AVAEDC-10485134.) by James B. Comey, Jr. (Carmichael, Jessica) (Entered: 09/25/2025)



Arraignment set for 10/9/2025 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S. Nachmanoff as to James B. Comey, Jr. (jlan)



Summons Issued in case as to James B. Comey, Jr. (jlan) (Main Document 8 replaced on 9/26/2025) (jlan, ). (Entered: 09/25/2025)



Summons Returned Executed on 09/25/2025 as to James B. Comey, Jr. (jlan) (Entered: 09/26/2025)



TRANSCRIPT of return of indictment proceedings held on 9-25-25 before Judge Lindsey R. Vaala. Court reporter Diane Salters, Telephone number 301-338-8033. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/27/2025. Redacted Transcript Deadline set for 11/26/2025. Release of Transcript Restriction set for 12/25/2025.(Salters, Diane) (Entered: 09/26/2025)



ORDER granting 4 Motion for Pro hac vice Appointed Patrick Joseph Fitzgerald for James B. Comey, Jr as to James B. Comey Jr. (1). Signed by District Judge Michael S Nachmanoff on 9/29/2025. (swil) (Entered: 09/29/2025)



Ex Parte Under Seal Motion (Attachments: # 1 Proposed Order)(swil) (Entered: 10/06/2025)



Pretrial Services Bond REPORT (Initial Pretrial Services Bond Report) (SEALED - government and defense counsel) as to James B. Comey, Jr. (stewart, mariel) (Entered: 10/06/2025)





ORDERED that Defendant is summoned to appear for arraignment before this Court on Wednesday, October 8, 2025, at 10:00 a.m. Signed by District Judge Michael S Nachmanoff on 10/06/2025. (wgar, ) (Entered: 10/06/2025)



ORDER - The arraignment of Defendant James B. Comey, Jr. shall begin promptly at 10:00 a.m. on Wednesday, October 8, 2025, in Courtroom 600 on the Sixth Floor of the Albert V. Bryan United States Courthouse. Because seating capacity will be limited. Courtroom 601 will be reserved and will serve as an overflow courtroom. Courtroom 601 will have screens which should enable attendees to see and hear what is happening in Courtroom 600. A Court Security Officer will always be present in Courtroom 601 to ensure that appropriate decorum is maintained and to communicate with Information Technology staff if there are problems with the audio or video transmission. The hearing will not be delayed for transmission issues. All seating in Courtroom 601 will be on a first-come basis. Signed by District Judge Michael S Nachmanoff on 10/06/2025. SEE ORDER FOR FURTHER DETAILS. (wgar, ) (Entered: 10/06/2025)



Arraignment set for 10/8/2025 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (wgar,



NOTICE OF ATTORNEY APPEARANCE Nathaniel Lemons appearing for USA. (Lemons, Nathaniel) (Main Document 17 replaced to correct pdf fillable form on 10/9/2025) (Dest). (Entered: 10/07/2025)



NOTICE OF ATTORNEY APPEARANCE Gabriel J. Diaz appearing for USA. (Diaz, Gabriel) (Main Document 18 replaced to correct pdf fillable form on 10/9/2025) (Dest). (Entered: 10/07/2025)



Minute Entry for proceedings held before District Judge Michael S Nachmanoff:Arraignment as to James B. Comey Jr. (1) Count 1,2 held on 10/8/2025. USA appeared through Lindsey Halligan, Gabriel Diaz, and Nathaniel Tyler Lemons. Defendant appeared with counsel Patrick Fitzgerald and Jessica Carmichael. Defendant WFA, PNG, and demanded a Jury Trial. Parties' request to waive right to speedy trial as articulated in open court- GRANTED. Motions Schedule 1: Motions due on 10/20/2025; Responses due on 11/3/2025; Replies due on 11/10/2025. Motions Schedule 2: Motions due on 10/30/2025; Responses due on 11/13/2025; Replies due on 11/20/2025. Parties directed to confer with regard to a discovery order by 10/10/2025.Parties directed to submit proposed discovery orders and supporting briefs, if necessary, as articulated in open court by COB on 10/13/2025. Parties directed to immediately confer with regard to providing defense counsel with access to classified information and submit a proposed CIPA briefing schedule by COB on 10/13/2025. Court advised counsel of process to appoint out-of-district judge to resolve defense motion for disqualification of Lindsey Halligan. DPPA advisement given in open court.Court adopts Pretrial Services Report. Motion Hearing set for 11/19/2025 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. Motion Hearing set for 12/9/2025 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. Jury Trial set for 1/5/2026 at 09:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. Defendant entered on PR bond.(Court Reporter D.Salters.)(lcre, ) (Entered: 10/08/2025)



Due Process Protections Act Order as to James B. Comey, Jr. Signed by District Judge Michael S Nachmanoff on 10/8/2025. (lcre, ) (Entered: 10/08/2025)



ORDER Setting Conditions of Release as to James B. Comey Jr. (1) PR bond. Signed by District Judge Michael S Nachmanoff on 10/8/2025. (lcre, ) (Entered: 10/08/2025)



PR Bond Entered as to James B. Comey, Jr (lcre, ) (Entered: 10/08/2025)



ORDERED that this matter is scheduled for a jury trial on Monday, January 5, 2025. In the interests of fairness, efficiency, and justice, the Court ORDERS as follows: The first round of motions shall be due on Monday, October 20, 2025. The Government's response brief(s) shall be due on Monday, November 3, 2025. Defendant's reply brief(s) shall be due on Monday, November 10, 2025. The Court will hold a hearing on these motion(s) on Wednesday, November 19, 2025, at 10:00 a.m. Any additional pre-trial motions shall be due on Thursday. October 30, 2025. The Government's response brief(s) shall be due on Thursday, November 13, 2025. Defendant's reply brief(s) shall be due on Thursday, November 20, 2025. The Court will hold a hearing on the motion(s) on Tuesday, December 9, 2025, at 10:00 a.m. All briefing must be filed by 5:00 p.m. on the day of the briefing deadline. Signed by District Judge Michael S Nachmanoff on 10/8/2025. (lcre, ) (Entered: 10/08/2025)



ORDERED that the parties immediately confer regarding the entry of a joint discovery order. ORDERED that if after good faith discussions the parties are unable to agree on and file a joint discovery order by Friday, October 10, 2025, at 5:00 p.m., the parties shall each submit a proposed discovery order by Monday, October 13, 2025, at 5:00 p.m. ORDERED that the parties may submit a brief in support of their respective proposed discovery orders, not to exceed a maximum of 10 pages. The parties' briefs shall be filed simultaneously with their proposed discovery orders by Monday, October 13, 2025, at 5:00 p.m.ORDERED that the parties immediately confer with regard to providing defense counsel with expedited access to classified information. ORDERED that the parties are to file a joint proposed Classified Information Procedures Act (CIPA) briefing schedule by Monday, October 13, 2025, at 5:00 p.m. Signed by District Judge Michael S Nachmanoff on 10/8/2025. (lcre, ) (Entered: 10/08/2025)



TRANSCRIPT of initial appearance and arraignment proceedings held on 10-8-25 before Judge Michael S. Nachmanoff. Court reporter Diane Salters, Telephone number 301-338-8033. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/7/2025. Redacted Transcript Deadline set for 12/8/2025. Release of Transcript Restriction set for 1/6/2026.(Salters, Diane) (Entered: 10/08/2025)



ORDER with respect to Classified Information Security Officers. Signed by District Judge Michael S. Nachmanoff on 10/10/2025. (dzir) (Entered: 10/10/2025)



MOTION for Discovery Order by James B. Comey, Jr. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Carmichael, Jessica) (Entered: 10/10/2025)



Discovery Order as to James B. Comey, Jr. Signed by District Judge Michael S. Nachmanoff on 10/10/2025. (dzir) (Entered: 10/10/2025)



ORDERED that the first pretrial motions deadline in this matter is October 20, 2025. This is the pretrial motions deadline to which the discovery order refers and the date that prompts the government's Rule 16(a) discovery production. Signed by District Judge Michael S. Nachmanoff on 10/10/2025. (dzir) (Entered: 10/10/2025)



MOTION for Discovery Order by USA as to James B. Comey, Jr. (Attachments: # 1 Proposed Order)(Diaz, Gabriel) (Entered: 10/11/2025)



RESPONSE in Opposition by James B. Comey, Jr re 30 MOTION for Discovery Order (Carmichael, Jessica) (Entered: 10/12/2025)



ORDERED that the government's Motion for Discovery Order is DENIED; it is further ORDERED that the government shall provide Defendant with all discovery required under Federal Rule of Criminal Procedure 16(a) by Monday, October 13, 2025. To the extent that the parties cannot reach agreement with respect to the terms of a protective order by Monday, October 13, 2025, at 5:00 p.m., the Court shall promptly set a hearing to resolve any such dispute. Under no circumstance shall the failure to reach agreement with respect to a protective order justify withholding prompt disclosure of discovery to defense counsel for review as to James B. Comey Jr. Signed by District Judge Michael S Nachmanoff on 10/12/2025. (jlan) (Entered: 10/12/2025)



First MOTION for Protective Order by USA as to James B. Comey, Jr. (Attachments: # 1 Proposed Order)(Lemons, Nathaniel) (Entered: 10/12/2025)



RESPONSE in Opposition by James B. Comey, Jr re 33 First MOTION for Protective Order (Attachments: # 1 Proposed Order)(Carmichael, Jessica) (Entered: 10/13/2025)



Consent MOTION for Protective Order by USA as to James B. Comey, Jr. (Attachments: # 1 Proposed Order CIPA 3 Protective Order)(Diaz, Gabriel) (Entered: 10/13/2025)



Consent MOTION for CIPA Briefing Schedule by USA as to James B. Comey, Jr. (Attachments: # 1 Proposed Order Joint Proposed CIPA Scheduling Order)(Diaz, Gabriel) (Entered: 10/13/2025)



NOTICE of Filing Memorandum of Understanding Regarding Classified Information by James B. Comey, Jr (Attachments: # 1 Exhibit)(Carmichael, Jessica) (Entered: 10/13/2025)



First MOTION Implementation of Filter Protocol by USA as to James B. Comey, Jr. (Attachments: # 1 Proposed Order Proposed Filter Protocol with Appendix A and B)(Lemons, Nathaniel) (Entered: 10/13/2025)

Pending on a motion to dismiss.