What Is New With Trump Prosecution in September 2026? Latest court filings and agency records and Key Takeaways

September 2026 brought no new criminal indictment of former President Donald Trump, with action centered on related prosecutions and agency probes. Latest filings delayed one Comey hearing, paused Mar-a-Lago grand-jury testimony, and advanced the bid to revive dismissed Comey and James charges.

Those moves shape what readers can expect from dockets this fall. "Trump prosecution" here covers two tracks: cases where Trump is a defendant and cases where his Justice Department prosecutes former officials and others. The distinction matters because deadlines, courts, and legal standards differ by track.

Where Trump's own cases stand
Why the Miami conspiracy probe lost leaders
What froze Mar-a-Lago testimony?
What is next for Comey and James?
Why assault-on-officer cases faltered

Where Trump's own cases stand

Federal Judge Alvin Hellerstein denied Trump's request to transfer the 34-count New York hush-money conviction to federal court on Aug. 28, 2026. Insurance Journal reported the ruling leaves a state-court appeal as the remaining path to overturn it. That keeps the conviction under state judges and state appellate rules.

No September 2026 filing documents a new criminal indictment of Trump himself. The Associated Press reported on Nov. 26, 2025 that Judge Scott McAfee dismissed the Georgia election-interference case in full after the new prosecutor declined to pursue it. Readers should treat new-indictment posts about September as mismatched to the record.

Why the Miami conspiracy probe lost leaders

The Miami-run criminal probe examines whether former FBI and intelligence officials conspired to violate Trump's civil rights. It covers the 2016 Russia assessment and the Mar-a-Lago documents inquiry. The theory centers on civil-rights conspiracy, which means an agreement to deprive someone of rights protected by law. Lead prosecutor Joseph diGenova resigned Sept. 10, 2026 with zero charges filed after the yearlong Fort Pierce-centered effort, according to Global 1 News.

A second Justice Department lawyer resigned Sept. 28, Reuters reported in its second resignation account. The Justice Department says the investigation remains active despite the departures. Turnover at the top often slows subpoenas, charging decisions, and grand-jury scheduling. It does not end the probe by itself. Staffing orders and new filings will show whether the pace resumes.

What froze Mar-a-Lago testimony?

FBI agents subpoenaed Sept. 21 asked Judge Aileen Cannon for guidance on Sept. 24. CNN reported they sought clarity in its agents' request for clarification about whether her seal on Volume II of former special counsel Jack Smith's report bars grand-jury testimony or consulting counsel.

A seal is a court order that limits who may see or share material. Testimony is frozen until she clarifies the scope. The pause affects agents who might testify and lawyers they might consult. It does not decide guilt or lift the seal.

What is next for Comey and James?

On Sept. 15 the Fourth Circuit heard the Justice Department's bid to revive fraud and false-statement indictments against former FBI Director James Comey and New York Attorney General Letitia James. Those cases were dismissed in Nov. 2025 because interim U.S. Attorney Lindsey Halligan was unlawfully appointed.

An interim appointee serves temporarily without Senate confirmation, so the appeal turns on appointment law rather than trial evidence. A separate Comey matter involves an alleged seashell threat. Judge Louise Flanagan postponed the Sept. 30, 2026 arraignment in New Bern to January, Public Radio East reported in its delay order report, pushing possible trial to early 2027. An arraignment is the hearing where a plea is entered. First Amendment and vindictive-prosecution dismissal motions will be decided first, with vindictive prosecution meaning a claim that a charge punishes protected speech.

Fraud and false-statement indictments: Fourth Circuit appeal about appointment defect
Seashell-threat case: New Bern court weighing speech and motive defenses
Practical check: match defendant, court, and charge before citing an outcome

Why assault-on-officer cases faltered

The Trump Justice Department charged at least 851 people with attacking or impeding federal officers. Reuters reported that 31% of completed cases ended in dismissal, compared with 8% for all federal criminal cases, in its analysis of dismissed assault cases. The gap signals faltering high-profile enforcement.

Dismissal can reflect weak evidence, legal defects, or overreach. It does not create a broad refund or related class-action benefit by itself. Save the case number and check the court docket before acting on or sharing a claim.

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