Americas

Prosecutor leading case against ex-FBI chief says full grand jury never saw indictment

Foreperson and only 1 other juror saw a second, final version of the indictment that was presented to a magistrate judge, US Attorney Lindsey Halligan says

Michael Hernandez  | 20.11.2025 - Update : 20.11.2025
Prosecutor leading case against ex-FBI chief says full grand jury never saw indictment Former FBI Director James Comey

WASHINGTON

The prosecutor leading the federal case against James Comey acknowledged Wednesday that not every member of a grand jury saw the final indictment against the ex-FBI chief, an omission that may get the case dismissed.

The admission from interim US Attorney Lindsey Halligan came amid intense grilling by Judge Michael Nachmanoff, according to multiple reports.

Assistant US Attorney Tyler Lemons had earlier acknowledged that two separate copies of the indictment had been written, including a first version that said Comey had been indicted by the grand jury on two of three counts that were brought before it, according to NBC News.

A second "edited" version was ultimately signed by Halligan, Lemons said.

“The second indictment is a document that was never shown to the entire grand jury?” Nachmanoff asked, according to NBC. “Yes, that is my understanding,” Lemons responded.

Halligan said the foreperson and only one other juror saw the second, final version of the indictment that was presented to a magistrate judge.

Comey's attorneys quickly pounced, saying the case should be dismissed altogether.

Michael Dreeben, an attorney on Comey's defense team, said that given the disclosure, the grand jury never returned an indictment against Comey, and the case should therefore be thrown out.

"There is no indictment," Dreeben said, according to CNN, further arguing that the statute of limitations on the charges of lying to Congress has run its course.

Comey was fired by Trump in 2017 as he oversaw an FBI investigation into potential collusion between Trump's 2016 election campaign and the Russian government, allegations Trump dismisses as a "hoax."

Wednesday's setback is just the latest for Halligan's prosecution this week alone.

Magistrate Judge William Fitzpatrick warned prosecutors Monday that government "missteps" could jeopardize the case altogether, ordering the government to hand over all grand jury materials to Comey's defense team.

"The Court is finding that the government’s actions in this case–whether purposeful, reckless, or negligent–raise genuine issues of misconduct, are inextricably linked to the government’s grand jury presentation, and deserve to be fully explored by the defense," Fitzpatrick wrote in his order.

"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," he added.

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