Federal prosecutors admitted Wednesday that the two-count indictment against former FBI Director James Comey was never presented to the full grand jury.
Comey has pleaded not guilty to making false statements and obstructing Congress.
During a hearing that lasted just under 90 minutes, the U.S. District Judge questioned prosecutors about how the grand jury materials were assembled and whether proper procedures were followed. At one point, the judge asked directly whether Comey was facing a document that was never presented in the grand jury room, to which a government lawyer replied, "Yes."
RELATED STORY | Judge scolds Justice Department for 'profound investigative missteps' in Comey case
The admission raises new doubts about the handling of the case by interim U.S. Attorney Lindsey Halligan, who prosecutors maintain was solely responsible for deciding to pursue charges and take the case to the grand jury.
Comey is seeking to have the criminal case dismissed. His attorneys argue the prosecution is vindictive and rooted in former President Donald Trump’s personal animus toward him.
Defense lawyers again pressed that argument Wednesday, telling the court the case “never would have been brought” if not for Trump’s September 20 Truth Social post, which they say amounted to an instruction for the Justice Department to prosecute Comey.
RELATED STORY | NY Attorney General Letitia James indicted in mortgage fraud case
Government lawyers rejected that claim, insisting Halligan acted independently.
The judge did not rule on the vindictive-prosecution motion, saying it involved “weighty issues” requiring further consideration. He offered no timeline for when he might issue a decision.
The next hearing is scheduled for Dec. 9 to address additional defense motions. A separate ruling expected in the coming days on whether Halligan was lawfully appointed as interim U.S. attorney could also determine the future of the case.
