Recent appellate arguments on September 15, 2026, showed Fourth Circuit judges expressing skepticism toward the Justice Department’s effort to revive Virginia indictments against former FBI Director James Comey that a district court dismissed in November 2025 over the unlawful appointment of interim U.S. Attorney Lindsey Halligan. Those charges, centered on alleged false statements to Congress, remain dismissed without prejudice while the appeal proceeds. A separate North Carolina indictment on threat-related counts tied to a 2025 social media post advances toward an October 2026 trial after Comey’s arraignment later this month. These procedural barriers and ongoing litigation support the market’s assessment that charges are more likely to persist past December 31.