2:38Former FBI Director James Comey is seen speaking at a Senate Intelligence Committee hearing on Capitol Hill, June 8, 2017. Andrew Harnik/AP, FILE
Attorneys for former FBI Director James Comey on Friday took steps to scrap the legal action against him, contending that "key errors during the grand jury’s proceedings" render the indictment "fundamentally flawed."
The motion emerges following statements days earlier by Interim U.S. Attorney Lindsey Halligan to a judge, indicating that the entirety of the grand jury that heard the case against Comey never assessed the conclusive two-count indictment. She communicated that they had instead reviewed an earlier iteration that encompassed a charge they dismissed.
"These missteps highlight the reckless and poorly thought out character of this legal pursuit: A president determined to prosecute Mr. Comey prior to the expiration of the statute of limitations instructed the appointment of a White House staffer, Lindsey Halligan, as interim U.S. Attorney, after which she moved quickly to obtain an indictment while openly disregarding essential grand jury regulations in the process," Comey's legal team asserted. "Such grand jury inaccuracies merit dismissal in two respects."
Former FBI Director James Comey is seen speaking at a Senate Intelligence Committee hearing on Capitol Hill, June 8, 2017.Andrew Harnik/AP, FILE
Federal prosecutors altered their stance in a court submission on Thursday, claiming that the two-count indictment was, in fact, examined by the grand jury. However, Comey's legal representatives countered that this rectification "is inconsistent with numerous other declarations" and "relies on an incorrect misinterpretation of an uncertain exchange between the grand jury foreperson and the presiding magistrate."
In the submission on Thursday, prosecutors incorporated specific excerpts from the grand jury transcript, endeavoring to substantiate that the indictment underwent scrutiny by the grand jury. However, the defense team aimed to challenge this assertion by pointing to earlier apprehensions regarding conspicuous omissions within the transcript.
"Even assuming the grand jury did receive the definitive indictment, it would only introduce a multitude of supplementary concerns for the government–most notably, the apparent absence of any recording that substantiates its presentation," Comey's legal team stated in the filing.
Lindsey Halligan, photographed outside of the White House, Aug. 20, 2025.Jacquelyn Martin/AP, FILE
The defense also maintained that Halligan committed several blunders prior to the grand jury, including misrepresenting the law, introducing evidence procured from flawed search warrants, and including details protected by the attorney-client relationship.
Comey entered a not guilty plea in October to one count of delivering false statements and one count of obstructing a congressional procedure, stemming from his testimony before the Senate Judiciary Committee in 2020, amidst what critics depict as Trump’s retaliation campaign against his perceived political adversaries. Vice President JD Vance has stated that any such legal actions are "governed by law and not guided by politics."
Halligan, Trump’s personally selected U.S. attorney for the Eastern District of Virginia, pursued the indictment of Comey despite the reservations of established prosecutors after Trump removed previous U.S. attorney Erik Siebert, who, sources claim, had resisted initiating proceedings against Comey and New York Attorney General Letitia James.
Halligan, who had no prior experience as a prosecutor, pursued the indictment after Trump, in a social media message, urged Attorney General Pam Bondi to act "NOW!!!" to prosecute Comey, James and Rep. Adam Schiff.
Sourse: abcnews.go.com
