Trump Admin Suffers Blow in James Comey Case

[BumRushDaShow]

Source: Newsweek

Published Oct 13, 2025 at 11:08 AM EDT updated Oct 13, 2025 at 11:09 AM EDT


A federal judge in Virginia has denied a Justice Department request for extended discovery deadlines in the criminal case against former FBI Director James Comey, ordering prosecutors to provide all discovery materials to the defense by 5 p.m. today, October 13.

Comey, who led the FBI from 2013 to 2017, was indicted on September 25 in the Eastern District of Virginia on two felony counts: making false statements to Congress and obstruction of a congressional proceeding. Newsweek reached out to the Department of Justice for comment via email outside of normal office hours on Monday.

Why It Matters

The case against Comey carries implications far beyond the courtroom. By accusing a one-time head of the nation’s top law enforcement agency of lying to Congress and obstructing a legislative inquiry, prosecutors have placed questions of truthfulness, accountability, and political motive at the center of a rare criminal proceeding.

The outcome could redefine how far the Justice Department may go in pursuing high-ranking officials for statements made in oversight settings, testing public confidence in whether such prosecutions serve justice or politics.

Read more: https://www.newsweek.com/trump-admin-suffers-blow-james-comey-case-10871043

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Link to ORDER (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.32.0_2.pdf

DOCKET - https://www.courtlistener.com/docket/71459120/united-states-v-comey/

[underpants]

1. Not a lawyer, but I can't imagine not being ready for an audit (financial or compliance)

let alone knowing it’s coming. You BRING IT and then say you aren’t ready?

OR are they just bleeding more of Comey’s money? Another court appearance means more billable hours and travel. I’m guessing this is in downtown Richmond but it could be Alexandria.
https://www.vaed.uscourts.gov/Norfolk

[Fiendish Thingy]

3. Or, it could simply mean the judge dismisses the charges

These morons are that incompetent.

[paleotn]

18. That's my thinking. DoJ will produce a nothing burger because there's really nothing there....

and the judge will dismiss. DoJ may be struggling with how to NOT get laughed out of court.

[MarcoZandrini]

30. The incompetent...

…being led by the incontinent.

[Pototan]

7. I think Fitzgerald is working pro bono

or, at the very least, a much-reduced rate.

[BComplex]

34. Is there any evidence of that, Pototan?

I mean, I wouldn't be surprised, but I haven't seen anything like that coming out as of yet.

[Pototan]

39. that's why a used the phrase "I think"

I have no proof; other than they worked together in DOJ and are close friends. Fitzgerald said, in court, that representing Comey is the "great honor of my life."

Add to that he came out of retirement to handle just this case and the supposition has some merit.

[hamsterjill]

37. Didn't I read that he and Comey are personal friends?

I'm sure Fitzgerald's expenses are being covered, but somehow, I feel like he's getting a certain degree of enjoyment out of this one, too.

[iluvtennis]

12. It's because the charges are made up - they have no credible evidence. n/t

[Raven123]

2. After such a sloppy and brief indicting document, no surprise

DOJ made this look like a simple case and the judge just held them to it.

[hildegaard28]

4. Republicans Better Be

Careful. They're setting a precedent here, and both Patel and Bondi lied under oath and obstructed justice over the Epstein files, among other things. Their time is coming.

[LiberalArkie]

20. I think they are betting on the Democrats never holding them accountable.

[Ol Janx Spirit]

21. And/or getting a blanket pardon for any federal crimes. Both are probably good bets unfortunately.... nt

[pfitz59]

5. DOJ ought have proof enough

before filing charges. Unless you're an incompetent Trump toady

[FakeNoose]

8. That's why no (competent) prosecutor was willing to file - there is no case

This is all a waste of time and money, just so Chump can get his jollies on a political enemy.

Maybe Lisa Halligan should release the Epstein documents, instead of pissing away Uncle Sam's money.

[struggle4progress]

6. JD Vance Says James Comey Is Obviously Guilty

by Aurora DeStefano in Daily Edition | October 13, 2025
4 min read

... The Vice President then followed up with language that no media outlet could use, pronouncing the guilt of the defendants without the obligatory “alleged” — which journalists customarily use to describe crimes and charges for which an alleged criminal has not been convicted. (Comey has pleaded not guilty.)

Instead, Vance spoke as if the cases of Comey and James had been litigated already and that a verdict had rendered the two guilty, which has not happened.

Vance described accusations presented in the indictment not as charges but as facts, saying unequivocally “if you look at the fact that James Comey obviously lied under oath, Letitia James obviously committed mortgage fraud” ...

https://2paragraphs.com/2025/10/jd-vance-says-james-comey-is-obviously-guilty-cites-hillary-clinton-in-denying-revenge-motive/

Seems like JD might could obviously be a Russian stooge!

[Bernardo de La Paz]

13. Vance doesn't usually go full on maga fairy tale like this. They must be feeling some kind of desperation. . . . nt

[Attilatheblond]

23. I am SO looking forward to mocking that pathetic excuse of a man when he takes command of the WH

Comedy gold waiting to happen, on a global scale.

[Layzeebeaver]

28. This is something we do not need

no more comedy gold anything. Seriously.

[Ray Bruns]

33. J D Vance has sex with couches.

[thomski64]

38. J "Davenport " Vance

[Jacson6]

9. This judge can't be serious.

Today is a federal holiday and I never heard of a demand for production of documents in a few hours. I'm not defending the Trump DOJ, but I have been following and been involved in court cases and I have never encountered such a demand.

[BumRushDaShow]

11. It wasn't in "just a few hours"

The schedule was released by the judge on Oct. 8 (below from later in the article) -

(snip)

On October 8, Nachmanoff scheduled a jury trial for January 5, 2026, and issued a pretrial briefing schedule.

The first round of motions is due on October 20, 2025, and the second round is due on October 30. Hearings are set for November 19 and December 9.

Soon after the schedule was set, prosecutors and the defense clashed over the terms and timing of discovery.

The Justice Department filed a motion on October 11 seeking two separate discovery deadlines: one on October 14 for matters related to motions challenging the appointment of the U.S. Attorney and alleging vindictive or selective prosecution, and a second on October 20 for all other materials.

(snip)

ETA to also note - since smarty pants DOJ brought the case, then all of their ducks should have already been in a row. But we know it wasn't because their whole shtick was fraudulent (which is why previous prosecutors REFUSED to even do this).

[Jacson6]

14. I'm not defending the DOJ, but usually 30 days is given to give a response to a motion.

It is not a law, but a custom of the courts.

[BumRushDaShow]

15. In this case

DOJ is prosecuting and since they were promoting it as "simple", the judge said, okay then produce.

If you read through that OP article, it actually explains what was going on that lead up to this. You also had big mouth Vance inflaming the situation - Trump-supporting Comey prosecutor insists on 'fair trial' as VP Vance calls ex-FBI director an obvious criminal liar on national TV

As you might have seen, judges have quite a bit of discretion and leeway and the "customs" are often considered "guidelines", and it is acknowledged that circumstances may occur where "customs" may require a deviation.

[IbogaProject]

19. Comey has a right to a speedy trial

The deadlines are often adjusted but the Judge realises this is likely a fairly empty case and is forcing them to keep to the set schedule. The judge has many more involved cases and none of these Federal Judges has time for BS. The faster discovery happens the faster a motion for summary dismissal can proceed.

[Prairie Gates]

16. You actually are defending the Trump DOJ

That's exactly what you're doing.

[H2O Man]

22. I agree.

First, the DOJ is having difficulty providing the documentation because they do not have any. As Patrick said at the hearing, the defense hasn't even been informed of the identities of two individuals in the indictments, identified only as persons A and C, if memory serves me correctly.

"I'm not defending ...." is almost exclusively an awkward phrase that suggests the opposite. Let's consider a couple of examples. If a maga House member said, "I'm not defending the DOJ for refusing to release the Epstein scandal files, but there really are a lot of them," we know that they are defending the DOJ. Or if a president were to say, "I'm not defending Jeffrey Epstein, but did you see how those 15-year old girls were dressed?" -- or, in this case, undressed -- you would know that you had a fucking creep in the White House.

[Ms. Toad]

24. Different issue. This isn't a motion.

The court previously set the briefing schedule - discovery was already due today (it might have even been earlier - I can't easily find the original deadline). The DOJ asked for an extension. The court said nope.

So there isn't a response to a motion that is at issue. Motions are done. DOJ lost.
The DOJ had tried to do an end run around deadlines it found inconvenient, by filing a last-minute request for an extension. The court called them on it and told them to get busy producing stuff.

(It's a bit more complicated than that - there are some underlying disputes. But the court said they were not relevant to meeting the deadline.)

[BumRushDaShow]

27. "discovery was already due today (it might have even been earlier - I can't easily find the original deadline) "

I had included the link to the docket in the OP comments - https://www.courtlistener.com/docket/71459120/united-states-v-comey/

Entry #19 from the link - (PDF of the form that was uploaded - https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.19.0_1.pdf)

Oct 8, 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)

[Ms. Toad]

36. That's the process for setting the timing.

It doesn't actually include the deadline for discovery - just the process for setting a deadline. I read all that, and more, last night before I decided I didn't need to spend more time looking for it.

Later in the docket they agreed to a standard discovery order. One was entered but the dates were set by reverencing events, and I didn't feel like searching the other documents and counting days. They apparently slso disagreed as to what a crucial term meant (in a way that would have changed the relevant deadline).

[BidenRocks]

10. The indictment and media attention are the entire 'Cause de Celebre'!

For our Republican/maga lurkers:

From Wiki: A cause célèbre is an issue or incident arousing widespread controversy, outside campaigning, and heated public debate. The term is sometimes used positively for celebrated legal cases for their precedent value (each locus classicus or "case-in-point" and more often negatively for infamous ones, whether for scale, outrage, scandal, or conspiracy theories. The term is a French phrase in common usage in English. Since it has been fully adopted into English and is included unitalicized in English dictionaries, it is not normally italicized despite its French origin.
(edit for ease of reading)

The verdict doesn't really matter.

[Beartracks]

17. Nothing under the Trump administration serves justice, or America. It's all personal grudges and politics. n/t

[Akakoji]

25. Great News

So far. Hope they don't appeal it. Tisch James' case should be dismissed very soon as well, although for different reasons. Scary times we live in.

[OAITW r.2.0]

26. Comey gifted Trump with his Hiliary investigation.

And this is the thanks that Comey gets?

[no_hypocrisy]

29. The goal of "extended Discovery" is equivalent to a prolonged fishing expedition.

You keep your line in the water long enough, the odds of catching a fish improve.

[MissMillie]

32. That's what I was just thinking w/ my post

According to Federal Law, Comey is entitled to a speedy trial.

If DOJ doesn't have the goods, they don't have the goods. They don't get more time to go fishing for more stuff.

[MissMillie]

31. I don't understand the "extended discovery"

Supposedly they have evidence that Comey committed a crime.

That's what the indictment is all about.

[Aristus]

35. Let Comey sweat it out in front of Congress for thirteen hours and see if he likes how it feels.

I can't muster any sympathy for that jackhole.