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.
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’s courtroom, where only the grand jury foreperson and one additional juror signed it, according to CNN.
Judge Nachmanoff ordered the Justice Department to file a detailed response by 5 p.m. Wednesday addressing the revelations.
Assistant U.S. Attorney Tyler Lemons attempted to justify the process, claiming “the new indictment wasn’t a new indictment.” Nachmanoff, however, swiftly dismissed that explanation.
Comey’s attorney, Michael Dreeben, seized on the government’s admission, arguing that because the full grand jury never considered the altered charges, “no indictment was returned.” He also noted that the statute of limitations has now run out on the allegations that Comey lied to Congress—meaning prosecutors may no longer have any valid path to pursue the case.
Prosecutors further revealed they were instructed by the deputy attorney general’s 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.
Halligan—appointed 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—had no prior experience leading federal criminal prosecutions. She served as the sole prosecutor presenting the case to the grand jury.
Earlier this week, a federal magistrate judge criticized the handling of the investigation, citing “profound investigative missteps” and raising serious concerns about the integrity of the grand jury process under Halligan’s oversight.
“The Court recognizes that the relief sought by the defense is rarely granted,” Magistrate Judge William Fitzpatrick wrote. “However, 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.”
