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Prosecutors Admit Full Grand Jury Never Saw Final Comey Indictment, Putting Case in Peril

The lapse triggers fresh briefing that could determine whether the January trial proceeds.

Overview

  • Interim U.S. Attorney Lindsey Halligan told Judge Michael Nachmanoff that only the foreperson and one other juror reviewed the revised two-count indictment after the grand jury rejected a third charge.
  • Comey’s lawyers argued the omission means no valid indictment was returned before the statute of limitations expired and urged the court to dismiss the case.
  • Nachmanoff paused a separate magistrate order requiring disclosure of grand jury materials and sought further briefing after DOJ attorney Tyler Lemons said he was told by the deputy attorney general’s office not to reveal whether a declination memo exists.
  • Magistrate Judge William Fitzpatrick had called for turning over grand jury records, citing a “disturbing pattern of profound investigative missteps,” an order now stayed while the government appeals.
  • Prosecutors insist the case concerns alleged lies to Congress, as defense filings press claims of political retaliation and challenge Halligan’s appointment, with a ruling on her authority expected before Thanksgiving and trial currently set for Jan. 5, 2026.