The Justice Department conceded on Wednesday that the grand jury which indicted former FBI Director James Comey never saw the final version of the charges.
The disclosure came during a tense hearing in federal court, where Comey’s lawyers argued that the failure is serious enough to wipe out the indictment entirely. The judge overseeing the case did not issue an immediate decision.
Newsweek contacted the U.S. Department of Justice on Wednesday afternoon for comment on how the admission could affect the prosecution.
Why It Matters
The Trump administration’s pursuit of criminal charges against Comey has been shadowed by questions about fairness and procedure. Critics have pointed to repeated allegations of government misconduct, warning that the case may be compromised. The prosecution is led by Lindsey Halligan, a former attorney for President Donald Trump who has no prior experience as a prosecutor—another factor fueling doubts about whether the case can survive scrutiny.
What To Know
In Judge Michael Nachmanoff’s courtroom in the Eastern District of Virginia, DOJ attorney Tyler Lemons acknowledged that the indictment filed against Comey was not fully reviewed by the entire grand jury. Instead, Halligan reportedly brought a modified version to the magistrate’s courtroom, where only the grand jury foreperson signed it.
Nachmanoff called Halligan to testify. She disputed the implication that the foreperson acted alone, saying one other grand juror was present when the altered document was signed.
Comey’s lawyer, Michael Dreeben, argued that the admission effectively means there was never a valid indictment at all. He added that because the statute of limitations has now run, the government can’t simply return to the grand jury and try again.
The issue had surfaced earlier this week after another judge said transcripts he reviewed contained no record showing that the grand jury examined the version of the indictment ultimately filed.
Separately, on Monday, federal magistrate William Fitzpatrick cited what he described as a broader pattern of investigative and procedural problems. He pointed to potential Fourth Amendment violations, exposure to privileged communications, and irregularities tied to the grand jury process, suggesting investigators and prosecutors may have acted recklessly—or even willfully—in ways that undermined the case’s integrity.
Comey has pleaded not guilty to accusations that he made a false statement and obstructed Congress. He denies wrongdoing. The Justice Department rejects claims of vindictiveness or selective prosecution and maintains the evidence supports the charges.
Trump fired Comey in May 2017 while Comey was leading the FBI’s investigation into possible ties between Russia and Trump’s 2016 campaign. Their feud has remained public ever since, with Trump repeatedly attacking Comey and pushing for legal action against him.
What People Are Saying
Judge Michael Nachmanoff, closing Wednesday’s hearing: “The issues are too wavy and too complex.”
President Donald Trump, after the indictment: “It’s about justice. He lied, he lied a lot…It’s about justice, not revenge.”
James Comey, after the indictment: “My family and I have known for years that there are costs to standing up to Donald Trump…We will not live on our knees, and you shouldn’t either.”
What’s Next
The Justice Department has until 5 p.m. ET Wednesday to formally respond to the grand jury issue and explain why the indictment should not be dismissed.
