James Comey Seeks Dismissal of Indictment After Questions Over Grand Jury Process

Former FBI Director James Comey is asking a federal judge to throw out the criminal charges against him, arguing that the grand jury never approved the final indictment filed in the case. His motion comes after interim U.S. Attorney Lindsey Halligan acknowledged in court that the indictment, which had been revised to exclude a count rejected by jurors, was never shown in its final form to all members of the grand jury.

Comey’s attorneys said the grand jury rejected the original indictment presented to them, and instead of returning with a revised version for approval, Halligan signed and filed a new two-count indictment on her own. In their motion, his legal team called the issue a “flagrant” violation of proper grand jury procedure and argued that the case should be dismissed as early as Monday because the government lacked a valid indictment.

The filing consolidates concerns raised by Comey’s legal team and by a magistrate judge who previously questioned the Justice Department’s handling of the case. Halligan initially stated in court that a full grand jury never reviewed the final version of the indictment, but later reversed course, filing a brief saying there were no mistakes in the September process. She argued that transcript records from a September 25 hearing confirm the grand jury approved the charges.

Comey’s team disputes that interpretation, saying prosecutors’ shifting explanations conflict with multiple statements made to the court in earlier proceedings. They argue the government is relying on a misreading of an ambiguous exchange between the grand jury foreperson and the magistrate judge.

In a separate motion Friday, Comey’s attorneys urged the court to uphold an earlier ruling allowing them access to grand jury materials. Prosecutors objected, and the presiding judge temporarily paused the order while their challenge is reviewed. The magistrate judge who ordered the disclosure previously cited what he called a “disturbing pattern of profound investigative missteps,” and wrote that there may be factual grounds to suspect irregularities in the grand jury process.

Comey’s attorneys say those issues include misstating the former FBI director’s rights and other procedural errors that took place shortly after Halligan was appointed to the case. They argue that denying access to the materials now would allow the government to ignore potential misconduct.

The dispute sets up another intense week in the Comey case as the courts move toward the Thanksgiving break.

Credit: CNN Newsource

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