Tipsheet

Justice Department Tries to Salvage Case Against James Comey

The Justice Department now claims that the grand jury that indicted former FBI Director James Comey did read the full document before making its decision.

On Thursday, it was revealed in court that only the grand jury’s foreperson had read the updated document, which Comey’s attorneys argued was grounds for dismissal.

From The Hill:

The Justice Department reversed course Thursday, alleging the full grand jury did review the indictment of former FBI Director James Comey. 

The change comes 24 hours after lead prosecutor Lindsey Halligan told a judge that all jurors were not privy to the final revised document displaying his charges.

Federal prosecutors on Thursday filed a notice “correcting the record” in an effort to salvage their case against Comey by confirming that all jurors reviewed their final revised document, which included two of the three counts jurors voted to uphold in Comey’s indictment.

In the document, Halligan wrote that “any assertion that the grand jury ‘never voted on the two-count indictment,’ is contradicted by the official transcript” declaring that the record leaves “no room for ambiguity.”

She described the situation as a “clerical inconsistency” relating only to the nixed first count, insisting the Comey indictment is valid.

Comey’s defense also contended that if the full grand jury did not see the indictment, it could mean the statute of limitations on the charges against the former FBI director may have expired. If the judge agrees, he might dismiss the case.

Several legal experts have questioned the validity of the indictment. Critics claim that the prosecution is motivated by politics.

The Justice Department alleges that Comey made false statements to Congress and obstructed a congressional proceeding. The charges stem from his sworn testimony before the Senate in September 2020 in which he claimed he had not authorized an FBI agent to leak information about the investigation into President Donald Trump’s 2016 campaign. 

Comey has pleaded not guilty to the charges, which were filed just before the five-year statute of limitations expired.