The short answer? Yes, and then no, and now... maybe. It's a total mess. Honestly, if you're confused about whether has james comey been indicted yet, you've got every right to be. The headlines have been swinging back and forth like a pendulum for months.
Basically, James Comey was actually indicted in late 2025. It happened on September 25, to be exact. A federal grand jury in Virginia handed down two counts: one for making false statements to Congress and another for obstructing a congressional proceeding. But then, in a twist that felt like something out of a legal thriller, a judge tossed the whole thing out in November.
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Right now, in early 2026, there is no active indictment against him. But the Department of Justice (DOJ) is currently fighting tooth and nail to bring it back.
The 2025 Indictment: What Really Happened?
To understand where we are, we have to look at how we got here. The charges stem from Comey’s testimony back in September 2020. Specifically, it was about whether he authorized leaks to the media during the Russia investigation.
For years, this just sat there. Then, suddenly, as the five-year statute of limitations was about to expire in September 2025, the DOJ moved. They tapped Lindsey Halligan—who was a personal lawyer for Donald Trump—to lead the charge as the interim U.S. Attorney for the Eastern District of Virginia.
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The indictment alleged that Comey "willfully and knowingly" lied when he told the Senate Judiciary Committee he hadn't authorized anyone to serve as an anonymous source. It sounds straightforward, but it's really not. Comey’s lawyers argue the questions he was asked were "fundamentally ambiguous."
Why the Case Was Dismissed
So, if he was indicted, why isn't he in court right now?
In November 2025, U.S. District Judge Cameron McGowan Currie threw the case out. The reason wasn't about the evidence or whether Comey actually lied. It was about the person who brought the charges.
The judge ruled that Lindsey Halligan was unlawfully appointed. Basically, the Trump administration tried to bypass the usual rules for filling vacant U.S. Attorney spots. The judge was pretty blunt about it, saying you can’t just pull a private citizen off the street and send them into a grand jury room to secure an indictment.
Because Halligan shouldn't have been in that role, the judge decided that everything she did—including the indictment against Comey—was legally void.
The Current Legal Limbo (January 2026)
Even though the charges were dismissed, the DOJ didn't just walk away. They are appealing the ruling.
As of January 2026, here is the state of play:
- The Appeal: The Justice Department is trying to convince the Fourth Circuit Court of Appeals that Halligan's appointment was actually fine. If they win, the indictment could be reinstated.
- The Evidence Fight: There’s a separate battle over evidence. Prosecutors used computer files from Daniel Richman, a friend of Comey’s. A judge recently barred them from using some of that data, saying the government overstepped its search warrants.
- The Statute of Limitations: This is the big one. Since the alleged lie happened in 2020, the five-year window to charge him is technically closed. The DOJ is arguing they should get a "do-over" because the first indictment happened within the window, even if it was later dismissed.
What This Means for You
It’s easy to get lost in the "he said, she said" of political law. But the Comey situation is actually a pretty big deal for how the justice system works.
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If the government can appoint whoever they want to prosecute their perceived enemies, it changes the rules of the game. On the other hand, if Comey actually lied to Congress, his critics argue he shouldn't get off on a technicality.
Actionable Next Steps:
- Watch the Fourth Circuit: Keep an eye on the Fourth Circuit Court of Appeals. Their ruling on the "unlawful appointment" issue will decide if this case lives or dies.
- Check for Re-indictment News: If the DOJ loses the appeal, they might try to seat a new grand jury with a properly appointed prosecutor. Whether they can do that after the statute of limitations has passed is a question that will keep lawyers busy for years.
- Stay Skeptical of "Breaking" Alerts: Because this case moves in fits and starts, you'll see a lot of clickbait. Always check if a "new" indictment is actually just a development in the ongoing appeal of the old one.
The saga isn't over. It’s just stuck in a very expensive, very loud legal waiting room.