Trump-appointed prosecutor admits full grand jury never saw James Comey indictment

By ABC News

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Key Concepts

  • Grand Jury Indictment
  • Vindictive Prosecution
  • Procedural Error
  • Obstruction of Congress
  • Making a False Statement

Case Against James Comey in Jeopardy

The prosecution of former FBI Director James Comey faces significant jeopardy due to a potential procedural error in its presentation to the grand jury. During questioning by the judge, prosecutor Lindseay Halligan, who was appointed by President Trump and reportedly has no prior criminal trial experience, admitted that the entire indictment was not presented to the grand jury for approval. This disclosure caused a stir in the courtroom, with Comey's legal team arguing that the charges should be dismissed as a result.

Prosecutor's Background and Appointment

Lindseay Halligan was reportedly chosen by President Trump to handle this case, replacing a previous career prosecutor who had declined to charge Comey. Halligan's background is noted as having an insurance focus, and she was formerly President Trump's personal lawyer.

Alleged Withholding of Information

Further complicating the prosecution's case, it was revealed that a memo detailing the initial decision not to charge Comey was not fully disclosed. When the judge inquired about this memo, Halligan's partner stated that Deputy Attorney General Todd Blanch had instructed him not to discuss it.

Comey's Plea and Defense

James Comey has pleaded not guilty to charges of making a false statement and obstructing Congress. He has expressed confidence in the federal judicial system and maintains his innocence, stating, "I have great confidence in the federal judicial system and I'm innocent. So, let's have a trial." His lawyers characterize the case as "vindictive," citing President Trump's public statements on social media that appeared to demand the prosecution of his political adversaries. Comey's lawyer specifically pointed to a post stating, "We can't delay any longer. If this is not a direction to prosecute, I'd really be at a loss to say what is."

Prosecution's Counterargument

Despite these claims, prosecutors have asserted that Halligan acted independently and was not influenced by any external pressure. They maintain that the decision to charge Comey was solely her own.

Judicial Review and Potential Dismissal

The judge is currently considering two main grounds for potentially dismissing the case:

  1. Vindictive Prosecution: Comey's defense argues that President Trump's alleged "retribution campaign" constitutes vindictive prosecution.
  2. Procedural Error: The judge is also evaluating whether to dismiss the case based on the procedural error made by the prosecutor in her presentation to the grand jury.

Conclusion

The case against James Comey is facing significant challenges due to admitted procedural missteps by the prosecution, including the failure to present the full indictment to the grand jury and the alleged withholding of relevant information. These issues, coupled with allegations of vindictive prosecution stemming from President Trump's public statements, have placed the case in jeopardy, with the judge weighing whether to dismiss the charges.

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