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Comey Seeks Dismissal Over Grand Jury Dispute as DOJ Points to Transcript

The defense challenges the indictment’s validity based on what it calls a faulty grand jury process.

Overview

  • James Comey’s lawyers filed a motion Friday to dismiss the two-count indictment and asked the judge to rule as soon as Monday.
  • They argue the grand jury rejected an initial count and never approved the separate two-count charging document prosecutors later filed.
  • The Justice Department said in a Thursday filing that the official September 25 transcript contradicts the defense claim.
  • According to the transcript, the grand jury foreperson confirmed there was no concurrence on Count One and that the panel agreed to the two remaining counts.
  • Interim U.S. Attorney Lindsey Halligan’s comments in court earlier this week suggested jurors did not review the final version, then prosecutors later said the proceedings were proper, a shift the defense calls contradictory.