Indictment Issues for Former FBI Director Comey
ALEXANDRIA, Va. — Lindsey Harrigan, the acting U.S. attorney who oversaw the indictment of former FBI Director James Comey, told a judge on Wednesday that the complete grand jury never actually reviewed the final version of the indictment against him.
“The presiding judge and another grand juror were also present,” Harrigan stated to U.S. District Judge Michael Nachmanoff when introducing an amended indictment that removed one count on which the jurors couldn’t reach a consensus.
Prosecutor Tyler Lemons insisted that these amendments represented “no new charges,” just minor adjustments to the existing ones.
Initially, the grand jurors were shown a bill accusing Comey, 64, of two counts of making false statements to Congress and one count of obstruction of justice. However, due to disagreements among the panel, only two counts ended up being presented.
When pressed further by Judge Nachmanoff, Lemons admitted that the entire grand jury had never seen the updated indictment on these two counts.
In light of this, defense attorney Michael Dreeben requested that the case be dismissed, claiming that the charges were not properly filed before the statute of limitations expired on September 30.
The accusations against Comey stem from his testimony before the Senate Judiciary Committee on September 30, 2020, where he stated he had not authorized any leaks to the media regarding the high-profile FBI investigation.
Comey is set to face trial on January 5, 2026, although he is actively pursuing dismissal of the case on various grounds, including retaliatory prosecution and the legality of Harrigan’s appointment.
In a significant development on Monday, Judge William Fitzpatrick ordered Harrigan’s office to provide grand jury materials to Comey, noting evidence of “serious investigative errors” that could jeopardize the integrity of the grand jury process.
However, Judge Nachmanoff suspended Fitzpatrick’s order while federal authorities review their attempt to have it overturned.
Harrigan was chosen by President Trump to serve as U.S. Attorney for the Eastern District of Virginia and was appointed by Attorney General Pam Bondi.
Her predecessor, Eric Siebert, stepped down after criticizing Trump for not prosecuting his political adversary, New York Attorney General Letitia James.
Interestingly, Harrigan, who has a background as a beauty queen and an insurance lawyer, appeared before the grand jury just one day after her appointment and secured the indictment against Comey.
Both Comey and Attorney General James, who faces charges of bank fraud, argue that Harrigan is unlawfully occupying the position without Congressional approval, claiming that Bondi has exceeded Siebert’s 120-day temporary appointment.
Harrigan’s office, however, contends that the Attorney General is permitted to issue multiple 120-day appointments.
Both Comey and James have pleaded not guilty, asserting that they are being targeted for their vocal criticisms of the former president.
James is accused of providing false information on mortgage documents by claiming he would be the primary occupant of a second home he bought in Norfolk, Virginia, back in 2020. Authorities allege he allowed his grandmother to move in while collecting rent.
