- DOJ admits grand jury never received Comey’s final indictment.
- Indictment charged Comey with false statements and obstruction.
- Case stems from 2020 Senate testimony on Russia probe leaks.
Comey's attorneys contended during a ninety-minute hearing in a federal court in Alexandria, Virginia, that the case ought to be thrown out completely because of both the prosecution's errors and President Donald Trump's interference.
Three well-known Trump detractors were indicted between late September and mid-October, including Comey.
Comey's defense team accused Trump of exploiting the judicial system as a means of political retaliation at the hearing before US District Judge Michael Nachmanoff.
Defense attorney Michael Dreeben described the charge as
"a blatant use of criminal justice to achieve political ends"
and stated,
"This is an extraordinary case and it merits an extraordinary remedy."
Prosecutor Tyler failures, on behalf of the Justice Department, argued that the charge satisfied the conditions for a trial.
Still, failures conceded during interrogation that the grand jury that accepted the charge had n't seen the final document.
"That is my understanding,"
the prosecutor said in response to Judge Nachmanoff's question about whether the grand jury had never viewed the final version.
It was the most recent setback in the Justice Department's attempts to bring charges against Comey for allegedly lying to senators under oath and obstructing a congressional probe.
On November 13, US District Judge Cameron McGowan Currie questioned a period of time during the grand jury sessions that seemed to have "no court reporter present."
Halligan was named acting US attorney for the Eastern District of Virginia shortly after the statement was made public.
She took over for Erik Siebert, a prosecutor who had allegedly refused to charge Comey and others due to inadequate substantiation. Trump had called him a" woke RINO," which is an acronym for" Republican in name only."
According to Dreeben, switcheroo also indicated Trump's desire for vengeance and his leadership of the Comey indictment.
Still, failures, speaking on behalf of the Justice Department, informed Judge Nachmanoff that Comey
" was not criminally charged at the direction of the chairman of the United States or any other government functionary."
What are the legal consequences of a grand jury not receiving the final indictment?
A grand jury charge formally charges a defendant and authorizes prosecution.However, it may mean the grand jury did n't have a full and accurate base to decide on charging, potentially vacating the charge process, If the grand jury does n't admit the final charge.
Courts may view this as a procedural disfigurement, raising grounds for the defense to file motions to dismiss the charge or challenge its legitimacy grounded on indecorous grand jury procedures. Failure to give the grand jury the final charge could lead to questions about whether the grand jury had sufficient and proper information to exercise its part fairly.
Still, grand jury proceedings are largely controlled by prosecutors, and courts tend to give compliance unless there's clear prejudice or misconduct impacting the grand jury's decision.