NEWS: In a hearing in federal court, prosecutors confirmed that the operative indictment in the case against James Comey

[In It to Win It]

NEWS: During a hearing in federal court in VA, prosecutors confirmed that the operative indictment in the case against James Comey was never shown to or voted on by the entire grand jury before it was presented in open court.

Defense counsel argued that’s a complete bar to further prosecution

— Anna Bower (@annabower.bsky.social) 2025-11-19T16:36:11.713Z

MORE: Under questioning by the judge, prosecutor Tyler Lemons said that he’s under orders from the Deputy Attorney Generals’s office not to disclose whether there is a declination memo recommending against the prosecution of Comey

— Anna Bower (@annabower.bsky.social) 2025-11-19T16:40:31.718Z

Comey hearing just ended. Govt admits 2d indictment never shown to full grand jury. Judge concerned. AUSA also admits DAG Blanche’s office told him not to disclose if previous prosecutors prepared a declination memo (saying why there was no case).

— Roger Parloff (@rparloff.bsky.social) 2025-11-19T16:38:23.817Z

[samsingh]

1. comey enabled this criminality

[Maru Kitteh]

4. This is no longer about him.

[ShazzieB]

33. Comey messed up big time in 2016, for sure.

He made the mistake a lot of people did (myself included), of not taking Schlump seriously enough as a candidate and assuming there was no way he could possibly win.

But that's water under the bridge now, and it doesn't begin to justify this indictment or any of the surrounding shenanigans.

[Gary 50]

50. I seriously doubt he made a mistake.

He broke the rules when he, only days before the election, released information which was harmful against Hillary's election. It was on purpose. He knowingly threw the election to Trump. I despise him for it.

[ShazzieB]

56. I can see why you think so.

I know a lot of people agree with you, and I'm not saying that couldn't have happened. I just find the idea that he really assumed it wouldn't make any difference to the election equally credible. No point in arguing about it, because either is possible and neither can be proven without additional evidence.

Also, IF he did it deliberately, I'm sure he's regretted it a million times over by now, so I'm willing to cut him some slack.

[hamsterjill]

70. Yes, there are possibilities.

To me, Comey is just a big Boy Scout (back when that meant something with regard to honor). If he felt that he needed to release the information on Hillary, I believe he did it based on his moral code. His wife is an active Democrat, and I don't think he's a hard line Trumper.

I wasn't happy about the information coming out. Don't get me wrong. But I think the man has probably never spat upon a sidewalk in his lifetime because he follows the rules to the letter.

Just my opinion. Regardless of my opinion, as someone already said - this is now beyond just James Comey. It is about wrongful prosecution and everyone should be willing to stand up against that.

[FakeNoose]

89. Nobody remembers that it was former Rep. Jason Chaffetz who leaked Comey's notification

I've seen this hundreds of times on DU, blaming Jim Comey for pulling the rug out from Hillary. BUT Jim Comey had to do his job as Director of the FBI, he had to be thorough. He notified the House Oversight Committee (chairman: Jason Chaffetz) via private email that he needed to reopen the investigation of Hillary's emails, and THEY WERE SUPPOSED TO KEEP IT TO THEMSELVES.

Jason Chaffetz leaked Comey's email to the press and suddenly nobody was talking about "grab 'em by the pussy" videos anymore. Suddenly it was all about "Hillary's god-damn emails" once again. Chaffetz suffered no repercussions for leaking this memo that upended Hillary's campaign, and he later resigned his seat in early 2017. I think maybe he's on Faux Noise once in awhile, not that I care.

https://en.wikipedia.org/wiki/Jason_Chaffetz

[YepYep]

66. Yep

Didn’t Comey say the FBI in New York was going to publicly reveal the info that they had on Hillary, so Comey got ahead of him. Of course this was the same FBI that had a Russian asset leading their team. And the New York Times had damaging info on Trump but did not publish the info, but chose to attack Clinton. Corruption all around.

[Escurumbele]

84. I agree with you, he knew exactly what he was doing. No pity for the guy.

[Iggo]

59. True. And it couldn't happen to a fucklier fuckstick.

[Maru Kitteh]

2. The charging indictment was never before the grand jury?

WHAT????????

I heard on CNN that the judge actually asked if Lindsay was just a STALKING HORSE - in the courtroom. I believe that’s what was said, and I’m looking for confirmation.

[poli-junkie]

19. What does the "Stalking Horse"

euphemism mean in this situation?

[Maru Kitteh]

38. Trump is sending her out there to test a concept.

It’s close. Trump is sending her out there because he can.

[Javaman]

88. and she's just enough of a sociopath, with no talent (aren't they all), to do it. nt

[ShazzieB]

36. According to Wikipedia...

A stalking horse is a figure used to test a concept or mount a challenge on behalf of a third party. If the idea proves viable or popular, the third party can then declare its interest and advance the concept with little risk of failure.

I don't quite see how this situation would qualify, but maybe someone else will know.

[Maru Kitteh]

39. I think it's just that she's been put out there by Trump. It's not a serious case, it's just

something he’s doing because he wants to and he can.

[leftstreet]

3. DURec

[Historic NY]

5. Trumps DOJ fuckups strike again

isn't time for the courts to lower the boom

[Cirsium]

49. They can't

The courts can't lower the boom on people who ignore court orders.

[OldBaldy1701E]

54. Exactly!

And, until the courts decide that they should actually come up with a means to enforce their rulings, it is all just show.

Again.

[Captain Zero]

77. Well but they could dismiss it.

The Dismissal Boom.

[CanonRay]

6. A declination memo is very clearly Brady material

and must be disclosed.

[Prairie Gates]

7. They know they have no chance of any of this sticking

They have just decided to be uber aggressive with Comey to upend his life.

I'm happy to see Fitzgerald making them eat shit in public over it. He knows what's going on.

[Bluetus]

11. Yep. People ahould lose their law licenses.

[onenote]

12. I'm not sure that it is.

The evidence discussed in a declination memo must be disclosed to the defense, but I don't think the memo itself has to be disclosed.

[moniss]

28. But it was not a matter of disclosing the memo itself that

was at issue in the court under questioning from the judge. The question was whether one even exists and Blanche has instructed his underling to give the middle finger to the judge on the question of whether one was even drafted. That's a very different question than disclosure of the contents.

[Arazi]

46. Pretty sure this lawyer just confirmed there is one with that answer

[LetMyPeopleVote]

8. This is really bad for the DOJ case against Comey

This is almost unreal incompetence.

Here's how this area of inquiry was discussed in Monday's opinion.

In short, this is the afterthought, the ~it couldn't be this, could it?~ moment in the opinion: "If this procedure did not take place, then the Court is in uncharted legal territory ..."

— Chris Geidner (@chrisgeidner.bsky.social) 2025-11-19T16:53:21.082Z

[Cha]

78. TY, LMPV.. nt

[LetMyPeopleVote]

9. Lindsey Halligan says full grand jury never saw final indictment it handed up against Comey

This is a fraud on the court. This indictment will be dismissed and Halligan should be sanctioned/disbarred

University of Miami School of Law: Lindsey Halligan says Full Grand Jury Never saw Final Indictment It Handed Up against Comey www.cnn.com/politics/liv...

— ljconrad (@ljconrad.bsky.social) 2025-11-19T17:04:31.920Z

https://www.cnn.com/politics/live-news/james-comey-doj-case-hearing-11-19-25

The full grand jury never reviewed the indictment it handed up against former FBI Director James Comey, interim US Attorney Lindsey Halligan conceded Wednesday.

In a shocking back and forth, prosecutors said that instead of presenting a new indictment to the grand jury after it declined to approve one of the counts, Halligan simply brought an altered version to the magistrate’s courtroom for the grand jury’s foreperson to sign.

“The new indictment wasn’t a new indictment,” prosecutor Tyler Lemons said, attempting to justify that it was only reviewed by the foreperson.

Judge Michael Nachmanoff quickly called Halligan, who was the only prosecutor who presented the case to the grand jury, to the lectern, asking her to confirm that the entire grand jury was never presented the altered indictment.....

Comey’s attorney Michael Dreeben then argued to the judge that, given the testimony of the prosecutor, “no indictment was returned.”

“There is no indictment,” he said, adding that the statute of limitations has now elapsed against Comey on charges of lying to Congress.

[Justice matters.]

16. I thought kangaroos only lived in Australia.

Or tell me she's a fascist lawyer without telling me she's a fascist lawyer...

[MorbidButterflyTat]

20. OMG

Look at her.

That dumbfuck picks women based on their looks and men based on their willingness to debase themselves in service to him.

This is total BS.

[maxrandb]

63. No! The women also debase themselves

[MorbidButterflyTat]

69. True.

But first and foremost they have to be HAWT.

[ShazzieB]

42. OMG, I had no idea what she looked like and had to google to be sure.

To paraphrase, Gilbert and Sullivan, she is the very model of a MAGA living Barbie doll!

In fact, she looks more like a model than a lawyer, or anything else, for that matter! No wonder the Orange Hellbeast likes her.

[mwmisses4289]

10. But..but..they look like high powered lawyers on t.v.

and that's the most important thing....right? right?

Edited to add: does idgit think because they are kinda pretty that all they have to do is be his idea of a woman (bat the eyelashes, show cleavage, wiggle her hips) and male judges will "fall under their spell", as it were?

[lonely bird]

13. Elect clowns

Expect a circus.

[twodogsbarking]

14. I'm beginning to wonder about these old white guys. Anybody else?

Young white wimmin too.

[ShazzieB]

44. I'm definitely beginning to wonder about SOME young white women.

By which I mean all the young white women who are willing to make complete asses of themselves in service to Schlump. Why would any woman be willing to degrade herself like that? It might be a little easier to understand if he looked like, say, Liam Hemsworth or Ryan Gosling. But a hideously ugly, stupid, senile, disgusting pig like him? I. Don't. Get. It.

[Wednesdays]

51. They hope to tap into some moolah

It's not about the looks, it's all about the Benjamins.

[ShazzieB]

61. I suppose that must be it.

I just don't understand/can't relate to being willing to make a complete fool of oneself in front of the whole world for the *possibility* of some money. But I guess if you have no morals or ethics, it might look worthwhile. I'll certainly never know!

[Wednesdays]

67. Indeed.

You'd think they'd balk at TSF's track record of stiffing people, but here we are.

[maxrandb]

68. Decent people see the Casting Couch as a disgusting part of the past

MAGAt men and women see it as just one more opportunity for "advancement" that's being taken away from them.

[moonshinegnomie]

15. more evidence to be used at their disbarment hearings

none of the prosicuting lawyers belong anywhere near a courtroom except as defendants

[LetMyPeopleVote]

17. 'Unreal incompetence': Lindsey Halligan makes stunning 'admission' about James Comey case

Halligan needs to be sanctioned and this indictment dismissed

'Unreal incompetence': Lindsey Halligan makes stunning 'admission' about James Comey case

— #TuckFrump (@realtuckfrumper.bsky.social) 2025-11-19T17:23:53.000Z

https://www.rawstory.com/lindsay-halligan-grand-jury-comey/

President Donald Trump's hand-picked interim U.S. attorney delivered bombshell testimony that may have destroyed her case against former FBI Director James Comey.

Lindsay Halligan, who was tapped as interim U.S. attorney for the Eastern District of Virginia, admitted during brief testimony Wednesday that the indictment in the case against the Trump foe was never shown to or voted on by a full grand jury before it was presented in open court, reported CNN.

"HUGE development IN hearing for Comey selective prosecution motion," posted former federal prosecutor Harry Litman. "It turns out that the grand jury NEVER saw the operative indictment. Whole separate basis for dismissal."

Comey's defense team argued that development should prevent further prosecution in the case, saying "there is no indictment," and Judge Michael Nachmanoff gave the Department of Justice until 5 p.m. to respond to the revelations.

"This is almost unreal incompetence," posted Chris Geidner, author of the "Lawdork" blog.

Defense attorney Michael Dreeben argued in the hearing the case was brought at Trump's direction and based on his animosity to the former FBI director, and federal prosecutor Tyler Lemons responded by arguing that Halligan was “not a puppet."

[Grins]

18. "Tyler Lemons said that he's UNDER ORDERS from the Deputy Attorney Generals's office"

That would be Trump’s former personal attorney and “interrogator” of Ghislaine Maxwell, Todd Blanche.

Who is proving to be every bit a shitwad as Pam Bondi. And Trump.

[AverageOldGuy]

21. I'm an old guy . . .

. . . who is old enough to remember the radio show "The Ted Mack Original Amateur Hour."

[displacedvermoter]

30. Sponsored by Geritol!

[moniss]

31. When it moved to TV those lights were

strong enough to melt the Brylcreem in their hair. I remember the first time I stood on a stage adjusting lights on a light bar. I stood back where the drummer would be and had someone hit that spot full up. I thought I fell into the sun.

[RANDYWILDMAN]

22. Funny how small decisions can

come back and bite you in the rear

But her emails....should be on his headstone

If you let anarchy into the house, don't be surprised when they try to light you on fire.

[Bluetus]

32. With respect, presenting an indictment that was never indicted

Last edited Wed Nov 19, 2025, 04:46 PM - Edit history (1)

is not a small decision. Obviously, what happened is that Trump ordered them to "Get Comey" and they realized they had only a week before the SoL expired. So they cut corners and made HUGE mistakes.

[Aviation Pro]

23. Fiddle with your hair some more

You dumb, stupid, feckless shitbag.

[llmart]

29. She thinks if she wears her red "power" suit the judge will think she's a real lawyer.

Ha!

[poli-junkie]

24. It's deception not incompetence!

[Wiz Imp]

55. In her case it's actually both. Of course she is a liar.

But everything she has done has conclusively shown her to be totally incompetent as well. There ia a reason she never argued a case in court in her entire career before this one, and this case is demonstrating that reason as clear as can be for the whole world to see.

[WheelWalker]

25. The case against call me is, quite literally, a hoax.

For real.

[AverageOldGuy]

26. My nominee for US Attorney for Eastern District of Virginia

?w=800&h=811

[Wednesdays]

57. Elle Woods from "Legally Blonde" is exponentially better than anything TSF appoints. nt

[Wiz Imp]

60. Yep. She was competent and NOT a criminal or otherwise ethically challenged

Every single person appointed by Trump meets at least one criteria of being incompetent, a criminal, or completely unethical. The majority meet all 3 criteria.

[NotHardly]

27. Lying, cheating and oh, yeah the incompetence is staggering.

Charge her with the crimes, NOW.

[moniss]

34. Maybe they'll try to have "Box of Wine" move over from

D.C. to try and rescue them. Has had little to no success there. I'm hoping that if we take the 2028 election that one of the first moves is to give Sandwich Guy the Presidential Medal of Freedom.

[Takket]

35. Halligan committed fraud. She should go to prison for this. She falsified court records

This error could get the case against Comey thrown out.

— Kyle Griffin (@kylegriffin1.bsky.social) 2025-11-19T17:00:11.920Z

[mahina]

40. We had to wait for her to say it in an interview

Though? Why wasn't this fact left out?

Also k &r

[ck4829]

75. She absolutely should

[ultralite001]

76. Believed nobody would read the documents...

so she tried slipping in the changes... Who would possibly notice while she did that hair flip???

Holy schnikes, Batman... Check her filings... She's probably using cites from ChatGPT... or Grok...

[surfered]

37. Oopsies!

[democrank]

41. Rapid-fire criminality

Day after day after day after day.

[azureblue]

43. can Halligan

be sued for malicious prosecution / abuse of office. etc. and made to pay defense's legal fees? It seems, judging from Trump's history, he usues the courts to financially ruin his opponents. The goal is not to win, but to drive the opponent into debt defending..

[Wiz Imp]

62. Yes, she can (or at least the DOJ can be sued)

It's a really high bar to win such a case, but what the DOJ is doing with Comey, Letitia James and others is the very definition of malicious prosecution. I don't know if Comey, James and others could win, but they certainly have perfectly justifiable and valid cases if the choose to bring them.

[mcar]

45. Ruh-Roh

[Queso Delicioso]

47. This is why you install the kangaroo court BEFORE the show trials.

These idiots are terrible at everything. :-D

[FakeNoose]

48. I thank the good Lord they're this awful at their jobs

If they were any good, we'd be living in a total fascist nightmare.

[NBachers]

52. Every judge isn't Aileen Cannon

[edbermac]

53. To be expected from a lawyer that can't even use the word 'principle' correctly.

“The charges as alleged in this case represent a breach of the public trust at an extraordinary level,” said U.S. Attorney Halligan. “The balance of power is a bedrock principal of our democracy…”

https://web.archive.org/web/20250926000630/https://www.justice.gov/usao-edva/pr/federal-grand-jury-indicts-former-fbi-director-false-statements-and-obstruction

[Wiz Imp]

64. "The balance of power is a bedrock principal of our democracy..."

Did the "balance of power" send Fred and Barney to detention?

[MorbidButterflyTat]

71. .

[Wednesdays]

65. Maybe she was referring to this principal?

[marble falls]

58. What a glorious cock up on the part of DoJ!!! This is going to blow up spectacularly when the judge dismisses it with ..

... prejudice. Can not wait for TACO to get his hands on a box of catsup over this!

All those non confirmations were admissions of screwing up.

[SunSeeker]

72. Holy shit. Disbar Halligan and Bondi!

[flashman13]

73. They are such amateurs they can't even get their corruptions right.

[ck4829]

74. Kicking a Comey post because this is an injustice and an illegal act - regardless of my opinion on Comey

[onenote]

79. The failure to have a new vote on the indictment likely will end up being a non-issue

Not a popular view I know, but I suspect that what ultimately sinks the indictment, and I do think it should be dismissed, won't be the failure of Halligan to present the two-count indictment to the full grand jury after they had voted on the three count indictment.

As I understand it, the full grand jury initially executed two documents -- the three count indictment originally presented to them by the prosecution and a Form AO191 "Report of a Grand Jury's Failure to Concur in an Indictment." This latter form was edited by hand to indicate that the only part of the 3 count indictment that the grand jury did not concur in was Count 1." Now, admittedly, I don't know for certain when the AO191 form was signed and who made the hand written edit. But assuming, as seems likely, that it was signed at the same time that the grand jury signed the 3 count indictment and was edited by the foreperson to reflect what the grand jury had decided, then the subsequent re-execution of a version of the indictment that only reflected the two counts that the grand jury had agreed to would, in the terms used to assess "harmless error", the error of not showing the 2 count version to the whole grand jury and/or having a re-vote "did not substantially influence the grand jury's decision" since the grand jury had already voted to concur in the 2 counts and they were unchanged from the first indictment.

I will be surprised if Judge Nachmanoff would dismiss the indictment on grounds related solely to the way the indictment was re-executed. And if he did, I think the appeals court would reverse. He's much more likely, I believe, to look at the legal errors and misrepresentations in Halligan's presentation and at the evidence that this is a malicious, vindictive prosecution as grounds for dismissing the indictment and/or a finding that Halligan wasn't authorized to serve as a US Attorney.

[zorbasd]

80. The entire US Justice System is a horrendous

effing joke. I've developed dry vomitting contempt for such a pathetic, unjust, fraudulent, corrupt bile tasting system.

[ms liberty]

81. An inch deep and a mile wide, all of them.

None of these people think deeply about anything except their own reflections.

[struggle4progress]

82. I hope Lindsey has a long career pan-handling

[LetMyPeopleVote]

83. Ty Cobb-Attorney General Pam Bondi and interim U.S. Attorney Lindsey Halligan should be disbarred

Link to tweet

[Martin68]

85. Forget about Comey's fuckup re Hillary Clinton. This is now about destroying the Trump administration's weaponisation

of the DOJ against Trump's enemies. Keep your eyes on the prize. This could entirely derail Trump's push to indict Democratic opponents. Clinton would approve.

[republianmushroom]

86. How much longer Judge ?

[Blumancru]

87. Nobody is this stupid. Had to be deliberate.

Does anyone think there may be a Trojan horse working in the DOJ? Someone whe deliberately bolluxed up the case?
Or are they really this inept? I can’t decide.
God knows the orange pustule may have trouble finding lawyers to work for him anymore, many end up disbarred or in prison.
It also may have to do with picking women who look like Fox News anchors and men for their loyalty, with no regard for ability.

[IbogaProject]

90. I wish it was a bar to any other legal work anywhere by Halligan

This is egreagous, not a mistake but deliberate fraud. They grand jury said "NO", and she coerced them to get the result her bosses required.