Legal earthquake in Virginia — prosecutor admits full grand jury never saw final Comey indictment, judge weighs collapse of case

A surprising moment unfolded in a Virginia courtroom when Interim U.S. Attorney Lindsey Halligan revealed a major detail about the case against former FBI Director James Comey. Halligan testified that the full grand jury never saw the final version of the indictment that was filed against Comey. Instead, only two grand jurors reviewed it before it was handed up.

Halligan shared this information during a short and direct appearance on the witness stand. Her statement immediately raised concerns inside the courtroom. Comey’s attorney, Michael Dreeben, argued that a grand jury is normally expected to review and approve exactly what prosecutors plan to file. Because the full panel did not see the final document, Dreeben said that, in his view, “there is no indictment” against Comey.

The judge listened carefully as both sides explained what happened and what it could mean. This revelation escalated what was already a high-profile case, raising serious doubts about whether all standard legal procedures were followed.

Arguments Inside the Courtroom

The hearing, held in Alexandria, Virginia, saw Comey’s attorney arguing that the entire prosecution was influenced by political motives. Dreeben claimed the case was driven by long-running animosity from President Donald Trump, and that how the indictment was handled only supported his argument.

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On the other side, prosecutor Tyler Lemons strongly rejected these claims. He insisted that Halligan was not following anyone else’s orders. Lemons said the case rests squarely on what prosecutors believe is a lie that Comey told under oath — not on political favoritism.

The charges against Comey go back to a 2020 congressional hearing. Prosecutors say Comey denied ever authorizing anonymous leaks to the press. They allege that this denial was false. Comey, in turn, has pleaded not guilty.

During the hearing, the judge pointed to public statements by Trump about Comey, including a post on social media in which Trump asked Attorney General Pam Bondi for “justice.” Comey’s lawyer argued that such remarks show a personal vendetta and unfair targeting.

Judge and lawyers are now debating whether those comments from Trump are enough to suggest that Comey’s prosecution is politically motivated. At the same time, they must determine whether the unusual grand jury process was a fatal legal flaw.

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What the Case Is About

At its heart, the case centers on whether Comey lied under oath during his 2020 testimony. Prosecutors say he falsely denied giving permission to FBI staff to speak anonymously to the media. Because this occurred during a congressional hearing, they argue it amounts to a criminal offense.

Comey’s defense, however, claims he never authorized any leaks, or that his answers were truthful. They raise the grand jury issue as a central element of their argument: according to them, only two jurors saw the final indictment. Ordinarily, when prosecutors make changes to the grand jury indictment, the full panel must vote again. They say that this did not happen, and that it undermines the legality of the indictment.

Because of this, Comey’s lawyer is pushing for the case to be thrown out completely. He told the judge that without the proper process, the indictment might simply be invalid.

Prosecutors counter by saying that while there was a rejected count in the earlier version, the remaining two charges were already approved by the grand jury. They maintain that the final version filed in court faithfully represents the grand jury’s decision, even if a small number of jurors saw the revised text.

Now the judge is weighing all these arguments — the testimony, the jury issue, and the political claims — to decide whether to dismiss the case or let it proceed. No final ruling has been made yet.

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