Overview

• U.S. District Judge Michael Nachmanoff, a Biden appointee, was randomly assigned to preside over the case in Alexandria.
• Defense counsel Patrick Fitzgerald said they will promptly seek dismissal, arguing unlawful appointment of U.S. Attorney Lindsey Halligan and selective or vindictive prosecution, with additional challenges to the grand jury process.
• The indictment was returned Sept. 25, just before the five-year limit, over Comey’s Sept. 30, 2020 Senate testimony about authorizing an anonymous media source, with a companion obstruction count tied to the same hearing.
• After career prosecutor Erik Siebert resigned, Trump-installed Halligan led the charging decision despite reporting of an internal DOJ memo warning of “likely insurmountable” evidentiary problems and a problematic key witness.
• Comey was released on his own recognizance as prosecutors flagged classified-information discovery, and the judge pressed for an accelerated schedule toward the Jan. 5, 2026 trial.