For weeks, rumors have been floating around social media claiming that the criminal case against former FBI Director James Comey is collapsing. Depending on which echo chamber you follow, you may have seen claims that the case is “dead,” that prosecutors “botched” the process, or that Comey is “about to walk.”
But as is often the case with high-profile legal battles, the reality is far more complicated — and far less dramatic — than the internet suggests. Despite a whirlwind of commentary, Comey remains under indictment, and a federal judge has not thrown anything out.
In short: the case is very much alive, but it has hit a procedural snag that requires careful legal attention. What happened this week wasn’t the end — it was simply the latest chapter in a case that could stretch on for months.
The Charges Comey Is Facing
Comey was indicted in late September on two federal charges stemming from his sworn testimony to Congress during a September 2020 hearing. Those charges include:
1. False Statements to Congress — 18 U.S.C. § 1001(a)(2)
This statute criminalizes knowingly and willfully making materially false statements within the jurisdiction of the federal government. It is the same law used in several other high-profile political investigations over the past decade.
2. Obstruction of a Congressional Proceeding — 18 U.S.C. § 1505
This law covers actions that obstruct, impede, or influence Congressional inquiries or investigations.
The indictment alleges that Comey misled legislators during the hearing, specifically regarding matters connected to FBI conduct in 2016 and 2017. Prosecutors claim Comey gave answers that were not simply unclear, but knowingly false — and crafted in a way that misdirected lawmakers examining FBI processes.
Comey has pleaded not guilty.
What Sparked the New Confusion?
On Wednesday, Comey’s legal team appeared before U.S. District Judge Michael Nachmanoff of the Eastern District of Virginia. The hearing concerned Comey’s claim that his prosecution is “vindictive” — meaning he argues the Justice Department only brought the charges because of political pressure or improper motives.
But something unexpected emerged during the hearing: a procedural error involving the grand jury and the final version of the indictment.
The Indictment Mix-Up
Here is what the courtroom learned:
- The grand jury saw an earlier version of the indictment.
- Prosecutors later made changes to that document.
- The final version — the one filed with the court — was not shown to the full grand jury.
- Instead, an altered version was taken directly to the foreperson for signature.
This is not typical procedure. In most cases, the document voted on by the grand jury is the exact same document filed with the court.
Judge Nachmanoff pressed the DOJ for clear answers, and attorney Tyler Lemons acknowledged the discrepancy directly. Lemons did not attempt to minimize the issue — he admitted the error plainly.
Comey’s attorneys seized on the lapse, arguing that this mistake alone requires dismissal of the indictment.
But despite the media frenzy, the judge did not dismiss the case. He did not even signal he intends to. He simply took the arguments under advisement — standard practice in complex cases.
Is the Error Fatal to the Prosecution?
Not necessarily.
Procedural missteps involving grand juries can be serious, but they are not always fatal. Courts typically look at several factors:
1. Did the change alter the substance of the charges?
If the edits were minor, cosmetic, or organizational, courts often rule the mistake harmless.
2. Did the change affect the grand jury’s decision-making?
If prosecutors modified the indictment in a way that might have influenced whether the grand jury would have voted to indict, that’s a major issue.
3. Was the foreperson aware of the changes?
Some courts view the foreperson’s signature alone as sufficient if the alterations were minor.
4. Can the prosecution simply re-indict with the corrected document?
Often, when a procedural defect appears, prosecutors convene the grand jury again to cure the issue.
In other words: even if Judge Nachmanoff rules against the DOJ, it does not automatically mean Comey walks free. It could simply mean the process restarts — inconvenient for the government, but not case-ending.
Comey’s “Vindictive Prosecution” Argument
In addition to the procedural challenge, Comey is still pursuing a broader dismissal based on “vindictive prosecution.” These claims are extremely difficult to win.
To prove vindictiveness, Comey would need to show:
- A clear pattern of improper motive,
- Evidence that the prosecution arose because of his political status or public criticism,
- And that no comparable cases were treated the same way.
Courts consistently set a high bar for these claims. Most are rejected outright.
Judge Nachmanoff did not appear convinced by the argument on Wednesday. His questions focused more on the indictment-form discrepancy than on political motivation.
Why This Case Matters So Much
Comey is not just any defendant. He ran the FBI from 2013 to 2017 and played a major role in some of the most politically divisive events of the last decade:
- The 2016 Clinton email investigation
- The start of the Trump–Russia counterintelligence probe
- The FISA warrant issues involving Carter Page
- His firing by President Trump in 2017
Because of that history, the case is viewed through political lenses by nearly everyone following it. But legally, the stakes are straightforward:
If convicted, Comey could face:
- Up to five years for making false statements
- Up to five years for obstruction
Sentences could run concurrently or consecutively.
Beyond the legal consequences, the trial — if it reaches that stage — could force public scrutiny of FBI procedures, internal communications, and decision-making processes that have not yet been fully aired.
So, Is Comey About to Walk?
No.
At least, not based on anything that happened this week.
What
did
happen?
- A procedural error was revealed.
- Comey’s attorneys argued it should end the case.
- The judge did not agree — at least not yet.
- The prosecution acknowledged the mistake but did not concede defeat.
This is the sort of bureaucratic hiccup that happens in many complex cases, though rarely involving someone as famous as Comey.
What happens next?
Judge Nachmanoff will likely issue a written ruling in the coming weeks. Three scenarios are possible:
- He lets the indictment stand as is.
- He dismisses it without prejudice, allowing the DOJ to re-indict.
- He dismisses it with prejudice — the rarest and most extreme outcome.
Most legal experts believe option 2 is the most realistic if the judge considers the error serious.
The Bottom Line
Despite viral claims, James Comey is not “walking free,” “off the hook,” or “done with the case.” The legal process is still moving, still active, and still full of unresolved questions.
The only thing Wednesday’s hearing made clear is that the case — like most politically charged investigations — will continue to draw intense attention, intense debate, and intense speculation.
But the prosecution is alive. The stakes remain high. And the next ruling from Judge Nachmanoff will likely determine how quickly this case moves toward the courtroom — or back to the grand jury.