Judge Delivers First Big Decision in James Comey’s Case

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.

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.