The stunning admission, which occurred during a recent court hearing, has led to intense judicial scrutiny and raised serious questions about the integrity of the process under the Trump administration's DOJ.
The Procedural Breakdown
The controversy centers on a critical lapse in grand jury procedure. Prosecutors, led by a Trump-appointed U.S. Attorney, initially sought a three-count indictment against Mr. Comey. When the grand jury rejected one of those counts, prosecutors revised the charging document to include only the two remaining, approved counts (making a false statement and obstructing Congress).
During a hearing, DOJ attorneys conceded that this final, two-count document was not taken back to the full panel. Instead, only the foreperson signed the revised indictment before it was filed with the court.
The concession prompted a swift and forceful backlash from Mr. Comey’s defense team, who argued that without a full grand jury review, "there is no indictment Mr. Comey is facing."
Accusations of Misconduct
The acknowledgment of the procedural error came on the heels of a separate, blistering ruling from a federal magistrate judge. The judge ordered the highly unusual release of all grand jury materials to the defense team, citing a "disturbing pattern of profound investigative missteps."
In his ruling, the judge stated that the record "points to a disturbing pattern of profound investigative missteps, missteps that led an FBI agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding." The judge also flagged "fundamental misstatements of the law" made by the prosecutor to the grand jury.
DOJ Attempts to Correct the Record
Following the concession in court, the DOJ filed a subsequent notice attempting to walk back the statement, calling the issue a "clerical inconsistency" and insisting that the charges had been properly approved.
However, the dueling accounts have only intensified the spotlight on the irregular nature of the prosecution. Mr. Comey has pleaded not guilty and is seeking to have the entire case dismissed, arguing that the prosecution is a vindictive extension of President Donald Trump’s personal animus toward him. The case remains ongoing as the court weighs the challenges to the indictment’s validity.
Reported by HARP ON THE TRUTH