DOJ Admits Key Indictment Against James Comey Never Seen by Grand Jury

Grand Jury Indictment Irregularities

• 🏛️ A startling admission was made in court: the final indictment against former FBI Director James Comey was never presented to the full grand jury for approval.
• 🚫 The grand jury had previously voted down indicting Comey on three charges, leading to no further discussion with prosecutors before the altered indictment was presented.
• ⚖️ Prosecutors, specifically interim US Attorney Lindsey Halligan, conceded that the indictment was signed by the grand jury's foreperson without the full jury reviewing it.

Defense Arguments for Dismissal

• 📄 Comey's attorney argued that this procedural failure means there is effectively no valid indictment against his client.
• 🎯 The defense contends that the prosecution was a result of Donald Trump's animus towards Comey, citing years of public criticism and calls for Comey's prosecution.
• 🗣️ Arguments were made that the prosecution aimed to deprive Comey of his First Amendment protections to criticize the former president.

Judicial Scrutiny and Courtroom Reaction

• ❓ Judge Nachmanoff intensely questioned the prosecution, seeking explanations for the missing time in grand jury transcripts and the altered indictment.
• 🤫 The courtroom experienced a moment of absolute silence following the DOJ's admission that the indictment was not seen by the full grand jury.
• 🧐 The judge's line of questioning also explored whether Lindsey Halligan was acting independently or as a proxy for Donald Trump.

Legal Precedents and Future Arguments

• 📚 The judge directed both parties to research a specific case in another district that might shed light on how to interpret this new information.
• ⏳ While statutes of limitations have run, a legal provision might allow the DOJ an additional six months if an indictment is dismissed for certain reasons, though its applicability here is unclear.
• 📈 The defense has unusually strong facts supporting claims of vindictive or selective prosecution, including a significant public record of Trump targeting Comey.

Comparison to Other Cases

• ⚖️ Similar arguments regarding selective prosecution and the validity of appointments have been made in cases like that of New York Attorney General Letitia James.
• 🔍 While James's case shares some similarities, she may have a stronger argument for selective prosecution due to the rarity of the charges brought against her compared to others, including political allies of the former president.