Comey Indictment Falters as Justice Department Admits Grand Jury Never Saw Final Charge

The US Justice Department has acknowledged a critical flaw in its case against former FBI Director James Comey: the grand jury that approved his indictment never received the final version of the document.

The admission came Wednesday during a tense 90-minute hearing in Alexandria, Virginia, where Comey’s lawyers pushed for the entire case to be thrown out, citing procedural failures and what they called blatant political interference by President Donald Trump.

“This is an extraordinary case and it merits an extraordinary remedy,” defence lawyer Michael Dreeben told the court, describing the prosecution as “a blatant use of criminal justice to achieve political ends”.

Comey, a vocal Trump critic, is one of three high-profile administration opponents indicted in recent weeks, alongside New York Attorney General Letitia James and former National Security Adviser John Bolton. All three have pleaded not guilty and say the charges amount to political retribution.

Under questioning by US District Judge Michael Nachmanoff, Justice Department prosecutor Tyler Lemons conceded that the grand jury had not seen the final draft of the indictment. “That is my understanding,” he said.

The underlying charges accuse Comey of obstructing a congressional investigation and lying to senators under oath, allegations he firmly denies.

Scrutiny around the case has been mounting for days. Earlier this month, Judge Cameron McGowan Currie raised concerns over periods where there appeared to be “no court reporter present” during grand jury sessions. On Tuesday, Magistrate Judge William Fitzpatrick ordered prosecutors to hand over grand jury materials to Comey’s legal team, citing “a disturbing pattern of profound investigative missteps”.

These included allegedly misleading statements by prosecutors, improper use of search warrants tied to unrelated cases, and the now-confirmed failure to present the final indictment to the full grand jury.

Further complicating matters, acting US Attorney Lindsey Halligan admitted that only two jurors were present when the indictment was formally returned.

Halligan also oversaw the indictments against James and Bolton, both of whom argue they are being targeted as part of a broader campaign of political vengeance.