Key Takeaways
- Interim U.S. Attorney Lindsey Halligan admitted she never showed the full Comey indictment to all jurors.
- Only two jurors saw the two-count version she filed with the judge.
- Legal experts say this grand jury error could kill the case.
- Observers warn the mistake could end Halligan’s career.
Interim U.S. Attorney Lindsey Halligan shocked legal circles by confessing to a major grand jury mistake. She admitted she left one count off the indictment against former FBI Director James Comey. As a result, experts predict the case could collapse.
How the Comey indictment went wrong
On Wednesday in Virginia, Halligan told U.S. District Judge Michael Nachmanoff that only two jurors saw the indictment. She said she kept the version with two counts from the rest of the panel. Then, she sent that limited version to a magistrate judge.
Next, she created a new document showing only the two counts the jury approved. She had the grand jury foreperson sign it. However, she never presented this version to the full jury. That skip breaks a fundamental rule of federal procedure.
What happened in court?
Courtroom observers were stunned. A local news anchor asked if the move was clearly wrong. A constitutional law professor urged Halligan’s immediate disbarment. A political strategist called the affair an “embarrassing show” for the Trump administration.
Legal analysts piled on. One noted the grand jury never saw the operative document. Another former federal prosecutor said this mistake alone could justify dismissal. A prominent legal blogger branded it “unreal incompetence.”
Why this mistake matters
Grand juries exist to review every charge before formal filing. When jurors don’t see all counts, their vote lacks legal force. Therefore, an indictment that jurors never fully reviewed can be thrown out.
Moreover, Halligan faced a ticking clock. She aimed to indict before the statute of limitations expired. When the jury rejected one of three counts, she tried to erase that vote rather than note it. Consequently, the filed document didn’t match the jury’s action.
Experts weigh in
Constitutional law professors called the error malpractice. They said it violates ethical duties and could end Halligan’s career. A former federal prosecutor pointed out that hiding counts undermines defendants’ rights. He warned the judge might deem the case a selective prosecution.
A legal blogger argued there is “no excuse” for such a procedural lapse. Observers said this misstep could set a dangerous precedent for dismissals. Meanwhile, critics highlighted the political impact, noting it makes the Justice Department look unfit.
Impact on the Comey case
The Comey indictment now teeters on the brink. Judge Nachmanoff may dismiss it outright. If he does, prosecutors cannot refile because the statute of limitations has passed.
Halligan also faces internal DOJ reviews and possible disciplinary measures. Peers have already called for her disbarment. Public trust in the case has taken a severe hit.
What comes next?
Judge Nachmanoff will soon decide on motions to dismiss. He must determine if the procedural error is fatal. If he rules against the prosecution, the case ends.
Meanwhile, the Department of Justice may investigate Halligan’s conduct. She could lose her job or face sanctions. Even if the case survives, its credibility is deeply damaged.
For the public, this story highlights how vital process is in our courts. A single misstep can derail a high-profile prosecution and shake confidence in the justice system.
FAQs
What was the main grand jury mistake?
Halligan failed to present the full indictment to all jurors, showing only a two-count version.
Why does this error matter?
Jurors must see every charge they vote on. Omitting counts can void an indictment.
Could the Comey indictment be dismissed?
Yes. Legal experts say improper grand jury procedure may force dismissal.
What might happen to Lindsey Halligan?
She could face disciplinary actions, including disbarment, and her career may suffer.
