ALEXANDRIA, Va. (TNND) — Lindsey Halligan, interim head of the area’s federal prosecutorial office, told a judge on Wednesday that the full grand jury did not see the final indictment before indicting former FBI Director James Comey.
Halligan testified that only the foreperson and a second grand juror saw the final indictment that brought charges against Comey, with the full grand jury only reviewing the original indictment – not the final one currently on the court docket.
Prosecutors said that after the grand jury did not approve one of the counts, Halligan brought the changed indictment only to the courtroom for the grand jury’s foreperson to sign, and not back to the grand jury.
“The new indictment wasn’t a new indictment,” prosecutor Tyler Lemons said. Halligan was the only prosecutor to present the case to the grand jury.
Comey’s lawyer, Michael Dreeben, argued that the testimony shows that “no indictment was returned,” stating that the statute of limitations had slipped.
Prosecutors revealed this during questioning by the judge, Michael Nachmanoff, who is overseeing the case. Nachmanoff said that “the issues are too wavy and too complex” for this case, saying that he would not make a ruling on Wednesday.
The Justice Department has until 5 p.m. Wednesday to respond.
Comey is looking to get the indictment thrown out, claiming that it is vindictive prosecution.
The Justice Department has denied this claim, saying that the allegations support the indictment.
The former FBI Director pleaded not guilty during his first court appearance after being accused by the Justice Department of lying to Congress five years ago.
Comey was indicted in September for allegedly making a false statement to the Senate Judiciary Committee on Sept. 30, 2020, by denying he had authorized an associate to serve as an anonymous source to the news media, and that he obstructed a congressional proceeding.
Halligan, 36, was tapped by President Donald Trump to serve as acting U.S. attorney for the Eastern District of Virginia after former U.S. attorney for the Eastern District of Virginia Erik Siebert opted against indicting New York Attorney General Letitia James for her alleged mortgage fraud, leading Trump to oust him from office.
Comey’s trial is set for Jan. 5, 2026.
