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Comey Moves to Dismiss Case, Citing Grand-Jury Flaws and Lapsed Deadline

The defense says the grand jury never approved the operative charges, rendering the late-September indictment invalid under the statute of limitations.

Overview

  • Comey’s lawyers filed a motion Friday seeking to throw out the two-count indictment, arguing the full grand jury did not approve the final charging document and that grand-jury rules were violated.
  • Prosecutors countered in a new filing that the official transcript shows jurors voted on the two-count version, submitting selected excerpts that they say confirm proper approval.
  • Defense attorneys contend the transcript snippets are ambiguous and incomplete, and they argue that any failure to return a valid indictment before the five-year deadline bars further prosecution.
  • The filings follow courtroom statements earlier in the week that the grand jury had not seen the revised two-count document, a point prosecutors later said was misstated and corrected by the record.
  • Scrutiny of interim U.S. Attorney Lindsey Halligan’s role and appointment persists, and a January 5, 2026 trial date remains on the calendar pending rulings on the dismissal bid.