The grand jury never voted on the final indictment against former FBI director James Comey regarding Senate testimony, prosecutors said Wednesday, prompting a federal judge to seek more information about whether the indictment was valid.
The admission came as Judge Michael Nachmanoff of the U.S. District Court for the Eastern District of Virginia asked questions at a hearing over Comey’s effort to dismiss the indictment as a vindictive prosecution directed by President Donald Trump against a prominent critic.
Nachmanoff ordered both sides to address the grand jury process in court filings later Wednesday, and referred to a case known as Gaither v. U.S.
