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Comey Seeks Dismissal as DOJ, Defense Clash Over Whether Grand Jury Approved Final Indictment

The filing argues there is no valid indictment within the five-year limit.

Overview

  • Comey’s lawyers moved Friday to throw out the case, alleging the full panel never approved the two-count charging document and citing “fundamental errors” in the process.
  • Prosecutors said the official Sept. 25 transcript shows jurors voted on the operative two-count indictment, pointing to the foreperson’s statements in court.
  • The defense argues the record is incomplete or ambiguous and says the statute of limitations has run if no valid indictment was returned before the deadline.
  • Separate litigation challenges interim U.S. Attorney Lindsey Halligan’s appointment, with a ruling expected this month that could affect the Jan. 5, 2026 trial date.
  • Defense filings also claim misuse of privileged material, reliance on flawed searches, and misstatements of law, as courts press for disclosure of grand-jury and warrant records.