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Jun 14, 2026

Judge Delivers First Big Decision in James Comey’s Case

A federal judge ruled Friday that outside groups and individuals will not be allowed to weigh in on the criminal case accusing former FBI Director James Comey of threatening President Donald Trump through a 2025 social media post.

U.S. District Judge Louise W. Flanagan issued an order rejecting any attempts to file friend-of-the-court briefs, known legally as amicus curiae briefs, from organizations or individuals who are not directly involved in the case.

In her order, Flanagan said both sides are already adequately represented.

“Defendant and the government are ably represented by competent counsel,” she wrote.

The ruling limits participation in what has become one of the highest-profile criminal cases involving a former senior federal law enforcement official.

Friend-of-the-court briefs allow outside parties with an interest or expertise in a case to present legal arguments or policy perspectives for a judge’s consideration, even though they are not litigants.

Such filings are common before federal appeals courts and the U.S. Supreme Court but are used much less frequently in federal district courts.

Flanagan’s decision marks a different approach from another recent criminal case involving Comey.

In 2025, when Comey faced charges alleging he lied to Congress about leaks to the media, numerous outside organizations sought to participate by filing friend-of-the-court briefs.

Those filings came from groups that included former senior Justice Department officials, law professors, legal scholars, current and former members of Congress, retired federal judges and former U.S. attorneys.

American lawyer and former FBI Director James Comey testifies before the Senate Intelligence Committee, Washington DC, June 8, 2017.

That prosecution ultimately ended after just two months when a judge ruled the prosecutor who obtained the indictment had been unlawfully appointed, resulting in the dismissal of the case.

Legal experts say Flanagan’s latest order is unusual but not unprecedented.

Scott Holmes, a law professor at North Carolina Central University, said district court judges often have practical reasons for limiting outside participation.

Unlike appellate courts, which primarily decide legal questions, federal trial courts must manage busy calendars while moving cases efficiently toward trial.

Holmes suggested allowing outside briefs in a nationally watched case involving a former FBI director could invite an overwhelming number of filings.

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