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DOJ Files Correction on Comey Grand-Jury Vote, Putting Indictment Under Fresh Scrutiny

Conflicting accounts of the indictment’s approval have intensified court scrutiny that could derail the January trial.

Overview

  • At a Nov. 19 hearing, interim U.S. attorney Lindsey Halligan said only the foreperson and one juror saw the final two-count indictment, not the full grand jury.
  • A subsequent filing titled “Government’s Notice Correcting the Record” asserted the full panel did vote on the operative indictment, describing earlier statements as a clerical inconsistency.
  • Magistrate Judge William Fitzpatrick ordered the government to produce grand-jury transcripts and warrant materials, citing a “disturbing pattern of profound investigative missteps,” with that order paused for further review.
  • DOJ prosecutor Tyler Lemons told the court he was directed by the Deputy Attorney General’s office not to disclose whether career prosecutors drafted a declination memo, a point seized on by the defense.
  • Parallel challenges to Halligan’s interim appointment continue before Judge Cameron McGowan Currie as the Jan. 5, 2026 trial date remains set but at risk pending rulings.