The Justice Department acknowledged in court Wednesday that the grand jury that charged former FBI Director James Comey never reviewed the final version of the indictment prosecutors filed.
Under questioning from U.S. District Judge Michael Nachmanoff, federal prosecutors conceded that interim U.S. Attorney Lindsey Halligan did not bring the altered indictment back to the full grand jury after jurors declined to approve one of the original counts.
Instead, Halligan brought the revised document directly to the magistrate's courtroom, where only the grand jury foreperson and one additional juror, signed it, CNN reported.
Nachmanoff ordered the Justice Department to file a response by 5 p.m. Wednesday addressing the revelations, according to the report.
Assistant U.S. Attorney Tyler Lemons attempted to defend the move, saying "the new indictment wasn't a new indictment," but Nachmanoff quickly cut through the explanation.
Comey attorney Michael Dreeben seized on the admission, arguing that because the full grand jury never considered the altered charges, "no indictment was returned." He added that the statute of limitations has now expired on the allegations that Comey lied to Congress — meaning prosecutors may no longer have any viable path forward.
Prosecutors also revealed they were instructed by the deputy attorney general's office not to disclose whether career DOJ lawyers drafted a memo recommending against indicting Comey before Halligan brought the case to the grand jury, Politico reported.
Multiple reports have suggested the career team thought the evidence was too weak to support 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 was the sole prosecutor presenting the case to the grand jury.
A federal magistrate judge earlier this week cited "profound investigative missteps" and raised concerns about the integrity of the grand jury process under Halligan's supervision.
"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."
Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.
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