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Comey Moves to Toss Indictment, Citing ‘Literally True’ Answers to ‘Ambiguous’ Cruz Questions

His filing asks for grand jury access alongside a detailed accounting of the alleged falsehoods.

Overview

  • The former FBI director filed new motions asserting his 2020 Senate testimony cannot support false-statements charges because Senator Ted Cruz’s questions were confusing and his answers were literally true, invoking the Bronston precedent.
  • Comey also asked the court to unseal grand jury transcripts and audio, alleging irregularities in prosecutor Lindsey Halligan’s presentation, including an after-hours vote with 14 jurors and paperwork errors tied to a rejected count.
  • A separate motion seeks a bill of particulars, arguing the indictment fails to specify which statements are alleged to be false or how he supposedly authorized an anonymous source for news reports.
  • Prosecutors are relying on records from the 2017 ‘Arctic Haze’ leak probe, while seeking a court‑supervised filter review of potentially privileged materials; Comey’s team says earlier privilege screening was inadequate and that reviving old warrants is improper.
  • Hearings are scheduled in November on efforts to disqualify Halligan and on claims of vindictive or selective prosecution, and a conservative group has filed bar complaints against Comey in New York and Virginia.