Comey case jeopardized as prosecutor admits grand jury flaw

The federal case against former FBI Director James Comey encountered a potentially fatal procedural flaw when prosecutors admitted Wednesday that the full grand jury never reviewed the final version of the indictment. Interim US Attorney Lindsey Halligan confirmed under questioning from Judge Michael Nachmanoff that only the jury foreperson and one other member saw the definitive document before it was presented to a magistrate, raising serious questions about the indictment's validity.

Revelation of Two Indictment Versions

During the court hearing, Assistant US Attorney Tyler Lemons disclosed that two separate versions of the indictment had been created. An initial document indicated the grand jury had indicted Comey on two of three presented counts, while a second "edited" version was ultimately signed by Halligan and filed with the court. When Judge Nachmanoff directly asked if the second indictment was "never shown to the entire grand jury," Lemons responded, "Yes, that is my understanding."

Defense Motion for Dismissal

Comey's legal team immediately moved to have the case thrown out, arguing the procedural error means no valid indictment exists. Defense attorney Michael Dreeben contended that "the grand jury never returned an indictment against Comey," and therefore "there is no indictment." He further argued that the statute of limitations on the charges of lying to Congress has now expired, preventing prosecutors from refiling the case.

Judicial Concerns Over Prosecutorial Conduct

This latest development follows a warning from Magistrate Judge William Fitzpatrick on Monday about government "missteps" that could jeopardize the prosecution. In a written order, Fitzpatrick noted "a disturbing pattern of profound investigative missteps" that potentially "undermine the integrity of the grand jury proceeding." He compelled prosecutors to turn over all grand jury materials to Comey's defense team for further review of possible misconduct.