The Justice Department has reversed its position regarding whether the full grand jury reviewed the indictment of James Comey before it was presented to a judge. Initially, prosecutors stated that only a few jurors saw the final revised indictment charging Comey with two counts.
This acknowledgment was part of a hearing where Comey's defense argued for the dismissal of the case due to alleged prosecutorial misconduct and vindictiveness. However, in a subsequent court filing, federal prosecutors asserted that the full grand jury did review the final indictment.
The Justice Department is now disputing the defense's claim that the indictment is invalid because of the earlier acknowledged missteps. Prosecutors cited the official transcript of the proceedings as proof that the full grand jury reviewed the indictment.
The defense team had argued that the confusion surrounding the grand jury's review necessitated the dismissal of the case. James Comey was indicted in September on charges of lying to Congress related to his 2020 Senate testimony and has pleaded not guilty.
The defense's motion to dismiss the case was based on arguments of vindictive and selective prosecution. In an unusual turn, the acting U.S.
attorney who presented the case, Lindsey Halligan, who previously served as an attorney for President Trump, criticized the presiding judge for questioning her role and for what she termed "personal attacks." A Justice Department spokesperson also condemned the judge's remarks, asserting the department's commitment to following facts and the law.
