James Comey's indictment wasn't reviewed by full grand jury, prosecutor admits

DOJ admits full grand jury never saw final indictment against Comey

The Justice Department's case against former FBI Director James Comey took another hit on Wednesday, after it was revealed that the full grand jury did not review the final indictment that brought charges against him.

ALEXANDRIA, Va. - The Justice Department's case against former FBI Director James Comey took another hit on Wednesday, after it was revealed that the full grand jury did not review the final indictment that brought charges against him.

Grand jury missteps in James Comey trial

What we know:

The two sides were in court Wednesday for a hearing where Comey's lawyers asked the judge to throw out the case, accusing the DOJ of pushing for charges at the behest of President Donald Trump.

During the hearing, Lindsey Halligan, the interim U.S. Attorney for the Eastern District of Virginia who secured the grand jury indictment, admitted to U.S. District Judge Michael Machmanoff that only two grand jurors looked at the indictment before she signed it.

This revelation comes just days after another judge accused the DOJ of "profound investigative missteps," after reviewing the grand jury transcripts.

James Comey indictment wasn't seen by full grand jury

The justice department admitted that not every member of the grand jury saw the indictment before charges were filed against former FBI Director James Comey.

Charges against Comey

The backstory:

Trump fired Comey in 2017, while Comey was overseeing an FBI investigation into potential Russian interference in the 2016 presidential election. Comey has since been an outspoken Trump critic.

In September, Comey was charged with making a false statement and obstructing Congress, to which he's pleaded not guilty. Comey is accused of lying during a Senate committee hearing in 2020, when he said he never authorized anyone to serve as an anonymous source to a reporter about the Russia investigation.

RELATED: Former FBI Director James Comey charged with making false statements, obstruction

Halligan originally asked the grand jury to charge Comey on three counts, but the jurors rejected one of them. The second indictment, which was ultimately the one Halligan returned, left off that one charge. But, as was revealed on Wednesday, only two of the grand jurors reviewed that two-charge indictment.

Comey vs Trump

Former FBI Director James Comey pleads not guilty in federal court

Former FBI Director James Comey pleaded not guilty today in Alexandria's federal courthouse. FOX 5's Katie Barlow reports.

What they're saying:

Comey's lawyers argued that this made the indictment invalid, and that the case should be dismissed. Lawyer Michael Dreeben also argued the grand jury misstep was part of a larger issue, accusing Trump of pressuring Halligan to secure an indictment against Comey. 

"The government cannot use power of criminal prosecutions to attempt to silence a critic in violation of the First Amendment," Dreeben said.

Trump appointed Halligan to the position after the former U.S. Attorney Erik Siebert left the department. Siebert claims he resigned; Trump says he fired him. Either way, Seibert's removal was seen as a response to the lack of charges against Comey. 

RELATED: 'He didn't quit, I fired him': Trump pushes back against claim US attorney resigned

Those claims gained momentum after Trump posted on Truth Social, complaining to Attorney General Pam Bondi that charges had not been filed against Comey, New York Attorney General Letitia James, and California Sen. Adam Schiff.

"We can't delay any longer," Trump wrote in the post. "It's killing our reputation and credibility."

Halligan secured the indictment against Comey just days later.

"If this is not a direction to prosecute, I'd really be at a loss to say what it is," Dreeben said.

Nachmanoff asked prosecutor Tyler Lemons, "What independent evaluation could she have done in that time period?"

The other side:

Lemons denied Dreeben's claims, saying that "the defendant is not being put on trial for anything he said about the president," said that the president did not pressure Halligan to secure charges.

"It was her decision and her decision only," Lemons said.

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What's next:

Comey's lawyers have filed another challenge in court over Halligan's appointment. A different judge is expected to make a decision in that case by Thanksgiving, according to the Associated Press.