When Was James Comey Indicted? Key Dates and Facts

Former FBI Director James Comey has faced significant legal scrutiny following two separate federal indictments that attracted widespread attention across the United States. If you are wondering when James Comey was indicted, the key dates are September 25, 2025, and April 28, 2026. The first case involved allegations related to his testimony before the Senate Judiciary Committee, while the second concerned an Instagram photograph that prosecutors interpreted as a threat against President Donald Trump.

The two cases involve different allegations, legal arguments, and procedural developments. Comey’s first indictment was dismissed without prejudice in November 2025, while the second case concerns the meaning of a social media post and the boundaries of constitutionally protected speech. Understanding the timeline helps explain what happened, why the charges were brought, and what the legal proceedings mean.

Quick Facts About James Comey’s Indictments

When Was James Comey Indicted for the First Time?

James Comey was first indicted on September 25, 2025, by a federal grand jury in the Eastern District of Virginia. The indictment contained two counts connected to testimony he gave before the Senate Judiciary Committee in September 2020.

Prosecutors alleged that Comey made false statements and obstructed a congressional proceeding. The allegations concerned his testimony about the FBI’s investigation into possible connections between Russia and Donald Trump’s 2016 presidential campaign.

The case quickly became a subject of national discussion because Comey had previously served as FBI director and had a contentious public relationship with Trump. However, the political attention surrounding the case did not determine its legal merits.

An indictment is a formal accusation, not proof of guilt. Prosecutors must establish the elements of the charged offenses beyond a reasonable doubt if the case proceeds to trial.

Why Was James Comey Indicted in September 2025?

The first indictment focused on statements Comey made during a Senate Judiciary Committee hearing on September 30, 2020. Investigators examined his testimony concerning whether he had authorized an FBI official to act as an anonymous source for news organizations.

The government alleged that his statements violated federal law and that his conduct obstructed a congressional proceeding. The two charges raised questions about the accuracy of testimony given to Congress and the legal requirements for proving obstruction.

Comey’s defense challenged the allegations and the prosecution’s legal basis. The case subsequently took a significant turn when the court examined whether the prosecutor responsible for bringing the indictment had been lawfully appointed.

When Was James Comey’s First Indictment Dismissed?

The first indictment was dismissed on November 24, 2025, by U.S. District Judge Cameron McGowan Currie.

The court determined that Lindsey Halligan, who had served as interim U.S. attorney and presented the case to the grand jury, had not been lawfully appointed to that position under the circumstances. As a result, the judge concluded that the indictment could not proceed.

The dismissal was without prejudice. This distinction is important because it means the ruling did not amount to a final determination that Comey was innocent of every underlying allegation. It also did not automatically prevent a new prosecution if the government could legally pursue one.

The decision highlighted the importance of lawful prosecutorial appointments and compliance with federal legal procedures. Even in a high-profile case, prosecutors must have proper authority to bring criminal charges.

When Was James Comey Indicted for the Second Time?

Comey was indicted for a second time on April 28, 2026, by a federal grand jury in the Eastern District of North Carolina.

Unlike the first case, which centered on congressional testimony, the second indictment involved an Instagram photograph posted in May 2025. The image showed seashells arranged on a beach to form the numbers “86 47.”

Prosecutors interpreted the combination as a threat directed at President Donald Trump, whom they associated with the number 47 because he is the 47th president of the United States.

The second indictment included allegations of threatening the president and transmitting a threatening communication through interstate commerce. Comey’s defense disputed the interpretation of the photograph and challenged the legal basis for the prosecution.

These allegations remain distinct from those in the first case. The second indictment does not establish that the photograph was a criminal threat; that question depends on the applicable law and the evidence considered in court.

What Does the “86 47” Instagram Post Mean?

The phrase “86 47” became the central issue in Comey’s second indictment. The expression “86” is commonly used in restaurant settings to mean that an item is unavailable or should be removed from a menu. In other contexts, it can mean getting rid of something or someone.

Prosecutors interpreted the number 47 as a reference to President Trump and argued that the combined message communicated a threat. Critics of the prosecution, however, questioned whether the photograph expressed an actual intention to harm anyone.

The legal distinction matters because political expression is generally protected by the First Amendment. Nevertheless, certain true threats can fall outside constitutional protection.

A court must consider the applicable legal standard and the surrounding circumstances rather than relying solely on how individual observers interpret a phrase. The meaning of the photograph and whether it satisfies the requirements of a criminal threat charge are central issues in the second case.

What Charges Does James Comey Face in the Second Case?

The second indictment contains two counts under federal law.

The first invokes 18 U.S.C. § 871(a), which addresses certain knowing and willful threats against the president. Prosecutors allege that Comey’s social media post violated this law.

The second invokes 18 U.S.C. § 875(c), which concerns transmitting certain threatening communications through interstate or foreign commerce. The government’s case depends on establishing the elements of the offense and demonstrating that the communication qualifies as a legally punishable threat.

Both counts carry serious potential consequences. However, the maximum statutory penalty is not the same as a sentence that would automatically be imposed following a conviction.

Comey’s lawyers have disputed the allegations and raised constitutional and prosecutorial objections. The court must evaluate those arguments under the applicable law before the case can reach a final outcome.

James Comey’s Legal Career and Background

James Comey is an American attorney who served as director of the Federal Bureau of Investigation from 2013 until President Trump dismissed him in May 2017.

Before becoming FBI director, Comey worked as a federal prosecutor and held several senior positions within the Justice Department. He served as U.S. attorney for the Southern District of New York and deputy attorney general during the George W. Bush administration.

His tenure as FBI director coincided with several high-profile investigations, including the investigation into Russian interference in the 2016 presidential election. His dismissal in 2017 became a major political controversy and contributed to years of public disagreement between Comey and Trump.

This background helps explain why the subsequent indictments received such extensive attention. Nevertheless, Comey’s past government service and political disputes do not establish whether the allegations in either criminal case are true.

What Is the Latest Status of James Comey’s Cases?

As of October 2026, the second case has continued through the federal court system, with Comey’s legal team challenging the prosecution.

His defense has raised arguments concerning the First Amendment and allegations of vindictive or selective prosecution. These are legal claims that must be evaluated by the court; filing a motion does not mean a judge has accepted the arguments.

The first indictment remains dismissed without prejudice under the November 2025 ruling. The second case is a separate proceeding involving different allegations and legal questions.

Because court schedules, rulings, and motions can change, readers should distinguish established procedural events from predictions about the final outcome. The second indictment does not mean Comey has been convicted of the alleged offenses.

Frequently Asked Questions About When James Comey Was Indicted

When was James Comey first indicted?

James Comey was first indicted on September 25, 2025, in the Eastern District of Virginia. The charges concerned alleged false statements and obstruction related to his congressional testimony.

When was James Comey indicted for the second time?

His second indictment was returned on April 28, 2026, in the Eastern District of North Carolina. It concerned a social media photograph that prosecutors alleged threatened President Trump.

Why was James Comey’s first indictment dismissed?

The first indictment was dismissed on November 24, 2025, after a judge found that the prosecutor who brought the case had not been lawfully appointed to the position.

What were the charges in the first indictment?

The first indictment contained allegations of making false statements and obstructing a congressional proceeding in connection with Comey’s 2020 Senate Judiciary Committee testimony.

What is the “86 47” controversy?

The phrase appeared in an Instagram photograph showing seashells arranged on a beach. Prosecutors interpreted it as a threat against President Trump, while Comey’s defense disputed that interpretation.

Conclusion

The answer to when James Comey was indicted involves two important dates: September 25, 2025, and April 28, 2026. The first indictment concerned congressional testimony and was dismissed without prejudice in November 2025 because of a problem with the prosecutor’s appointment. The second indictment concerns an Instagram photograph displaying “86 47” and allegations that it constituted a threat against President Trump.

The cases involve different legal questions, and the dismissal of the first indictment does not determine the outcome of the second. As the legal proceedings continue, the distinction between allegations, court rulings, and proven facts remains essential to understanding the story.

When Was James Comey Indicted