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Judge Probes Grand Jury Flaw in Comey Case After Prosecutors Concede Final Indictment Wasn’t Voted On

The judge requested written explanations on the grand jury process following the government’s concession.

Overview

  • Prosecutors acknowledged in court that only the foreperson and one juror reviewed and signed the revised two-count indictment after a third count failed before the panel.
  • U.S. District Judge Michael Nachmanoff ordered briefing on whether the procedure complied with grand jury rules and what that means for the indictment’s validity.
  • Defense attorney Michael Dreeben argued the omission means no valid indictment was returned before the statute of limitations expired, urging dismissal.
  • The Justice Department countered that the case stems from alleged lies to Congress and obstruction, insisting Lindsey Halligan acted independently and not at the direction of President Trump.
  • A magistrate’s order compelling disclosure of grand jury materials is paused on appeal, a separate judge expects to rule on Halligan’s appointment by Thanksgiving, and the Jan. 5, 2026 trial date is in doubt pending these rulings.