Lawyers for the Justice Department now say a grand jury did fully approve a final indictment against former FBI Director James Comey, backtracking answers given to a judge on Wednesday that suggested the indictment hadn't followed proper procedure.
Lindsey Halligan, interim U.S. attorney for the Eastern District of Virginia, said in new statements Thursday that the grand jury approved a two-count indictment against Comey after it rejected one of the original three counts initially brought by the Justice Department.
The new filing describes the cause of the confusion as a "clerical inconsistency." It includes transcripts from when the two-count indictment was returned in September that appear to show that the jury approved of the revised two-count indictment.
“So you voted on the one that has the two counts?” the judge said, according to the transcript.
“Yes,” the foreperson replied.
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On Wednesday, a U.S. District Judge questioned prosecutors about how the grand jury indictment was approved and whether proper procedures were followed.
“Let me be clear that the second indictment, the operative indictment in this case that Mr. Comey faces, is a document that was never shown to the entire grand jury or presented in the grand jury room; is that correct?” the judge asked.
“Standing here in front of you, Your Honor, yes, that is my understanding,” replied Tyler Lemons, the assistant U.S. Attorney leading Comey’s prosecution.
Comey has pleaded not guilty to making false statements and obstructing Congress and is seeking to have the criminal case dismissed. His attorneys argue the prosecution is vindictive and rooted in former President Donald Trump’s personal animus toward him.
