The Justice Department admitted in federal court Wednesday that the grand jury which charged former FBI Director James Comey never reviewed the final version of the indictment that prosecutors ultimately filed.<\/p>\n\n\n\n
During questioning by U.S. District Judge Michael Nachmanoff, prosecutors conceded that interim U.S. Attorney Lindsey Halligan failed to bring the revised indictment back to the full grand jury after jurors declined to approve one of the original counts. Instead of resubmitting the updated charges, Halligan took the altered document directly to a magistrate judge\u2019s courtroom, where only the grand jury foreperson and one additional juror signed it, according to CNN.<\/p>\n\n\n\n
Judge Nachmanoff ordered the Justice Department to file a detailed response by 5 p.m. Wednesday addressing the revelations.<\/p>\n\n\n\n
Assistant U.S. Attorney Tyler Lemons attempted to justify the process, claiming \u201cthe new indictment wasn\u2019t a new indictment.\u201d Nachmanoff, however, swiftly dismissed that explanation.<\/p>\n\n\n\n
Comey\u2019s attorney, Michael Dreeben, seized on the government\u2019s admission, arguing that because the full grand jury never considered the altered charges, \u201cno indictment was returned.\u201d He also noted that the statute of limitations has now run out on the allegations that Comey lied to Congress\u2014meaning prosecutors may no longer have any valid path to pursue the case.<\/p>\n\n\n\n
Prosecutors further revealed they were instructed by the deputy attorney general\u2019s office not to disclose whether career DOJ lawyers had prepared a memo recommending against indicting Comey before Halligan presented the case to the grand jury, Politico reported. Multiple outlets have indicated that DOJ career staff believed the evidence was too weak to justify charges.<\/p>\n\n\n\n
Halligan\u2014appointed interim U.S. attorney in 2025 after working in insurance law and serving as a personal lawyer and White House aide to President Donald Trump\u2014had no prior experience leading federal criminal prosecutions. She served as the sole prosecutor presenting the case to the grand jury.<\/p>\n\n\n\n
Earlier this week, a federal magistrate judge criticized the handling of the investigation, citing \u201cprofound investigative missteps\u201d and raising serious concerns about the integrity of the grand jury process under Halligan\u2019s oversight.<\/p>\n\n\n\n
\u201cThe Court recognizes that the relief sought by the defense is rarely granted,\u201d Magistrate Judge William Fitzpatrick wrote. \u201cHowever, the record points to a disturbing pattern of profound investigative missteps, missteps that led an FBI agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding.\u201d<\/p>\n\n\n\n