In a reversal from what the Division of Justice represented in court and in written filings Wednesday, federal prosecutors mentioned Thursday that the total grand jury reviewed the indictment of former FBI Director James Comey.
U.S. Legal professional Lindsey Halligan, who introduced the costs, testified Wednesday that the grand jury that indicted Comey voted to indict him on two of the three counts submitted within the authentic indictment, however that the ultimate revised indictment reflecting the 2 counts Comey was in the end charged with was not reviewed by the total grand jury — solely by the jury foreperson and one different grand juror.
Comey’s lawyer, Michael Dreeben, argued Wednesday that the difficulty with the grand jury indictment clearly required the decide to throw out the case.
In court docket filings Thursday, DOJ officers reversed course.
“The official transcript of the September 25, 2025, proceedings earlier than Justice of the Peace Choose Vaala conclusively refutes that declare and establishes that the grand jury voted on — and true-billed — the two-count indictment,” prosecutors wrote in a submitting.
Assistant U.S. Legal professional Tyler Lemons had additionally attested in court docket Wednesday that the total grand jury didn’t see the ultimate indictment.
“Let me be clear that the second indictment, the operative indictment on this case that Mr. Comey faces, is a doc that was by no means proven to your entire grand jury or offered within the grand jury room; is that right?” U.S. District Choose Michael Nachmanoff requested.
Former FBI Director James Comey speaks to the media after giving a non-public deposition to the Home Judiciary and Home Authorities and Oversight committees on Capitol Hill in Washington, December 7, 2018.
Joshua Roberts/Reuters
“Standing right here in entrance of you, Your Honor, sure, that’s my understanding,” Lemons mentioned.
Comey was indicted in September on prices of mendacity to Congress after Trump forced out earlier U.S. Legal professional Erik Siebert and put in Halligan, a White Home staffer with no prosecutorial expertise, then known as on Legal professional Basic Pam Bondi to act “NOW!!!” to prosecute Comey, New York Legal professional Basic Letitia James and Rep. Adam Schiff. Comey has pleaded not guilty to all prices.
An lawyer for Comey argued throughout Wednesday’s hearing that by changing Siebert together with his former staffer and lawyer, and publicly calling for his political foes to be charged, Trump was “manipulating the equipment of prosecution” and committing an “egregious violation of bedrock constitutional values.”
Halligan and different DOJ officers, following Wednesday’s listening to, leveled uncommon public assaults aimed the decide overseeing the case by mischaracterizing feedback he made Wednesday.
“Private assaults — like Choose Nachmanoff referring to me as a ‘puppet’ — do not change the info or the regulation,” Halligan mentioned in an assertion solely to the New York Post.
“A federal decide ought to be impartial and neutral. As an alternative, this decide launched an outrageous and unprofessional private assault yesterday in open court docket in opposition to US Legal professional Lindsey Halligan. DOJ will proceed to comply with the info and the regulation,” DOJ spokesperson Chad Gilmartin mentioned in a press release posted to ‘X’ Thursday.
The statements check with an change between Choose Nachmanoff and Comey’s lawyer wherein Nachmanoff questioned whether or not their place was that Halligan was serving as a “puppet” or a “stalking horse” for President Donald Trump in his orders for retribution in opposition to Comey.
However Nachmanoff by no means asserted straight that Halligan was a “puppet,” and did not dispute in court docket when Lemons flatly rejected that characterization.
“So your view is that Ms. Halligan is a stalking horse or a puppet, for need of a greater phrase, doing the president’s bidding?” Choose Nachmanoff requested Dreeben through the change.
“Effectively, I do not wish to use language about Ms. Halligan that means something aside from she did what she was informed to do,” Dreeben replied. “The president of america has the authority to direct prosecutions. She labored within the White Home. She was certainly conscious of the president’s directive.”
