ALEXANDRIA, Va. — Lindsey Halligan, the interim US legal professional who secured the indictment of former FBI Director James Comey, admitted to the trial decide Wednesday that the complete grand jury by no means noticed the ultimate model of the fees in opposition to the previous prime lawman.
Halligan instructed US District Choose Michael Nachmanoff that “the foreperson and one other grand juror was additionally current” when she offered a revised model of the indictment that dropped one rely the 24-person panel couldn’t agree on.
One other prosecutor, Tyler Lemons, insisted the revision meant “there was not a brand new indictment,” however solely small adjustments made.
Grand jurors have been initially offered with a invoice accusing Comey, 64, of two counts of constructing false statements to Congress and one rely of obstruction of justice. Nonetheless, one of many false assertion counts didn’t get majority buy-in from the panelists, ensuing within the two-count indictment being handed up.
When pressed additional by Nachmanoff, Lemons additionally admitted the complete panel by no means noticed the two-count indictment.
In response, protection legal professional Michael Dreeben known as for the case to be thrown out, claiming the indictment had not been correctly secured earlier than the expiration of the five-year statute of limitations Sept. 30.
The fees in opposition to Comey stem from his declare to the Senate Judiciary Committee on Sept. 30, 2020, that he by no means approved leaks about high-profile FBI investigations to the press.
He’s slated to go on trial on Jan. 5, 2026, however has sought to get the case tossed out on a number of grounds, claiming each vindictive prosecution and the illegal appointment of Halligan.
Comey scored a serious win within the case Monday when Justice of the Peace Choose William Fitzpatrick ordered Halligan’s workplace to show over their grand jury supplies to Comey, discovering proof of “a disturbing sample of profound investigative missteps, missteps that … doubtlessly undermine the integrity of the grand jury continuing.”
Nachmanoff paused Fitzpatrick’s order till he may full a assessment of the feds’ arguments searching for to overturn Fitzpatrick’s ruling.
Halligan was handpicked by President Trump to guide the Japanese District of Virginia US Lawyer’s workplace, and was put in by Lawyer Basic Pam Bondi.
Her predecessor, Erik Siebert, resigned because the interim US Lawyer after Trump criticized him for refusing to prosecute one other of Trump’s political enemies New York Lawyer Basic Letitia James.
Halligan — a former magnificence queen and insurance coverage lawyer — went earlier than a grand jury for the primary time the day after her appointment and secured the indictment in opposition to Comey.
Each Comey and James — who’s charged with financial institution fraud — declare Bondi used up her one-time 120-day non permanent appointment on Siebert and due to this fact, Halligan is unlawfully within the place with out the consent of Congress.
Halligan’s workplace claims the AG has the ability to make use of a number of 120-day appointments.
Comey and James have each pleaded not responsible to the fees and declare they have been focused by the forty seventh president in retaliation of being outspoken critics of him.
James is accused of mendacity on mortgage papers claiming she could be the first resident of a second house she purchased in 2020 in Norfolk, Va. As a substitute, the feds say, she allowed her grandniece to maneuver in and picked up hire from her.
