Overview
- Interim U.S. attorney Lindsey Halligan testified that the grand jury foreperson and one juror, not the full panel, reviewed the revised two‑count indictment after one charge failed to secure votes.
- U.S. District Judge Michael Nachmanoff questioned the indictment’s validity and requested further briefing, with defense counsel arguing the lapse means there is no lawful indictment before the statute of limitations expired.
- The hearing also tested claims that the case is a vindictive and selective prosecution directed by President Donald Trump, with the defense citing his Sept. 20 post to Attorney General Pam Bondi; the Justice Department rejected that narrative and said Halligan was not a puppet.
- Two days earlier, Magistrate Judge William Fitzpatrick ordered disclosure of grand jury materials after finding a "disturbing pattern of profound investigative missteps," an order the trial judge has temporarily paused as the DOJ challenges it.
- Nachmanoff pressed a DOJ prosecutor about possible declination memos from career attorneys and was told the Deputy Attorney General’s office instructed him not to answer, while separate challenges to Halligan’s appointment and a Jan. 5, 2026 trial date remain in flux.