A judge on Wednesday repeatedly questioned the validity of the grand jury indictment of former FBI Director James Comey, secured by a prosecutor closely aligned with President Donald Trump, in the clearest sign yet that the high-profile case could be thrown out before trial.
Judge Probes Flaws In Grand Jury Process
After sustained questioning from U.S. District Judge Michael Nachmanoff, prosecutors acknowledged that the final version of the indictment was never presented to the full grand jury, even though panel members had earlier rejected one of the proposed criminal counts, according to Reuters.
Nachmanoff's questions came during a hearing on Comey's motion to dismiss the case as vindictive and selective. The judge pressed government lawyers to explain what happened during the Sept. 25 grand jury session, when jurors voted to indict Comey on two counts tied to his September 2020 testimony to Congress. Comey pleaded not guilty in September to making false statements and obstructing a congressional investigation, with trial set for January in Alexandria, Virginia.
Defense Cites Political Retribution And Procedural Missteps
Comey's attorneys used the 90-minute hearing to argue the indictment is fatally flawed and politically driven, citing Trump's public vow of "retribution" against critics and the installation of loyalist Lindsey Halligan as U.S. attorney after her predecessor resisted bringing charges.
In a filing on Wednesday evening, prosecutors sought to minimize the procedural issue, stating that the grand jury viewed a three-count draft indictment and approved two counts. After jurors declined to charge Comey on the third count, prosecutors dropped it but did not change the language of the remaining counts when they assembled a new two-count indictment. That version was signed by the foreperson but never shown again to the full panel, they conceded, while insisting the oversight is not grounds for dismissal.
Case's Collapse Would Echo In Trump-Comey Feud
As noted in an Associated Press report, a dismissal by Nachmanoff would be a sharp setback for Trump's Justice Department and deepen judicial skepticism about prosecutions targeting his perceived enemies, including New York Attorney General Letitia James and former national security adviser John Bolton.
Comey was fired by Trump in May 2017 while overseeing the FBI probe into possible ties between Russia and Trump's 2016 campaign and the two have feuded publicly ever since.
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