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Justice Department Admits Grand Jury Didn’t See Final Comey Indictment, Lawyers Seek Dismissal
Alexandria, VA – The Department of Justice (DOJ) admitted Wednesday that the grand jury that indicted former FBI Director James Comey never saw the final version of the indictment. The revelation came during a hearing where Comey’s lawyers argued for the dismissal of the charges, alleging prosecutorial misconduct and political interference from former President Donald Trump.
Comey, who has pleaded not guilty to charges of obstructing a congressional investigation and lying to senators, is one of three prominent Trump critics indicted between late September and mid-October. His legal team contends that the case is a politically motivated act of retribution, citing Trump’s public statements calling for Comey’s indictment.
“This is an extraordinary case and it merits an extraordinary remedy,” said Comey’s lawyer Michael Dreeben, labeling the indictment “a blatant use of criminal justice to achieve political ends.”
While DOJ prosecutor Tyler Lemons maintained that the indictment met the legal threshold for trial, he conceded that the grand jury did not review the final draft. Judge Michael Nachmanoff pressed Acting U.S. Attorney Lindsey Halligan, who oversaw the indictments against Comey, New York Attorney General Letitia James, and former National Security Advisor John Bolton, about who saw the final indictment. Halligan eventually admitted only the foreperson and one other grand juror were present for its return.
Prior to Wednesday’s hearing, concerns regarding irregularities in the grand jury proceedings were raised. Judge Cameron McGowan Currie questioned a period where “no court reporter [was] present” during the proceedings. Furthermore, Magistrate Judge William Fitzpatrick ordered the release of grand jury materials to Comey’s defense, citing “a disturbing pattern of profound investigative missteps,” including potentially misleading statements from prosecutors and the use of search warrants pertaining to a separate case.
Comey’s defense team further emphasized the long-standing animosity between Comey and Trump, tracing it back to Comey’s firing as FBI director in 2017. They highlighted Trump’s past criticisms of Comey, including accusations of giving Hillary Clinton “a free pass” and labeling him a “slime ball.” They also referenced Trump’s September social media post urging Attorney General Pam Bondi to indict Comey and James, calling them “guilty as hell.”
The DOJ, however, denies that the indictment was directed by Trump or any other government official.
Judge Nachmanoff did not immediately rule on the motion to dismiss. The hearing underscores the growing controversy surrounding the case and raises serious questions about the integrity of the indictment process.
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