Lindsey Halligan, President Donald Trump’s handpicked U.S. attorney who brought charges against former FBI Director James Comey, told a judge Wednesday that the full grand jury that indicted Comey did not see the final indictment — only the foreperson and another grand juror did.
Halligan’s testimony came in a hearing Monday in which Comey is seeking to have the indictment thrown out on the grounds that it’s the product of a vindictive prosecution.
halligan said the full grand jury saw the original indictment that was presented, but that the charges against Comey that are currently on the court docket were not reviewed by the full grand jury.
A Justice Department attorney also refused to answer whether a memo prepared by career prosecutors in the U.S. attorney’s office prior to Halligan’s appointment recommended against bringing charges against Comey.
Halligan sought the indictment of Comey after Trump forced out previous U.S. attorney Erik Siebert who sources said had resisted bringing cases against Comey and New York Attorney General Letitia James.Halligan, who had no experience as a prosecutor, sought the indictment after Trump, in a social media post, called on Attorney General Pam Bondi to
Comey’s Lawyers Allege Political Retribution in leak Probe
A contentious hearing revealed that prosecutors may be withholding details regarding a potential declination memo in the case against former FBI Director James Comey, who is accused of mishandling classified information.
During the hearing, FBI agent Kevin Lemons initially claimed he was unaware of the existence of any such memo. Though, after questioning by the judge, Lemons admitted he did seek information about a declination memo – a document that would have cleared Comey of wrongdoing – but was instructed by Deputy Attorney General todd Blanche’s office not to disclose his findings.
When pressed about the nature of the instruction, Lemons stated he was aware of various draft memos but offered no further explanation.
Comey’s legal team argues the prosecution is a politically motivated act of retribution orchestrated by former president Trump. Thay allege Trump “expressly sought charges regardless of the facts” to punish Comey for his public criticism. Court filings assert that fundamental principles of due process are being violated, claiming the government is attempting to “punish and imprison their perceived personal and political enemies.”
The case unfolds against the backdrop of the inquiry into Russian interference in the 2016 election. Trump fired Comey abruptly in 2017 and has repeatedly called for criminal charges to be filed against him. Evidence suggests Trump directed the prosecution of comey in retaliation for his outspokenness.
Comey Case Faces Scrutiny Over Prosecutorial Conduct and Grand Jury Proceedings
The case against former FBI Director James Comey is facing increasing scrutiny, with prosecutors defending their actions against claims of vindictive prosecution and a magistrate judge raising serious concerns about potential “profound investigative missteps.” A hearing on Wednesday addressed a motion to dismiss the case, while a separate dispute unfolds over access to grand jury recordings.
Defense Claims of Vindictive Prosecution Dismissed
prosecutors argued against claims that former President Trump’s social media posts demonstrate a politically motivated prosecution of Comey. The defense suggested the posts indicated a desire to punish Comey, but prosecutors countered that the posts actually represent a “years-long record of legitimate” reasons to investigate the former FBI director, based on trump’s belief that Comey had committed crimes.
According to prosecutors, “These posts reflect the President’s view that the defendant has committed crimes that should be met with prosecution… But they are not direct evidence of a vindictive motive.”
Judge Raises Alarm Over Investigative Missteps
The legal challenges come as Magistrate Judge William Fitzpatrick has expressed important concerns regarding the handling of the case by prosecutor Halligan. In a ruling on Monday, Fitzpatrick identified at least two instances where Halligan allegedly made “fundamental misstatements of the law” during her presentation to the grand jury. He also questioned whether the full indictment was properly presented to the grand jury for deliberation. https://abcnews.go.com/US/judge-comey-case-raises-alarm-profound-investigative-missteps/story?id=127594703
Fitzpatrick stated, “If this procedure did not take place, then the Court is in uncharted legal territory in that the indictment returned in open court was not the same charging document presented to and deliberated upon by the grand jury.”
He ordered the release of audio recordings of the grand jury proceedings to the defense, a decision temporarily delayed by U.S. district Judge Michael Nachmanoff to allow prosecutors to present objections. This dispute is expected to be further discussed during Wednesday’s hearing, alongside the motion to dismiss.
Trial Date Remains Set
As of now, James Comey is scheduled to stand trial on January 5th.