Prosecutors defend indictment in Comey case after defense questions
Prosecutors defended how they presented the criminal case against former FBI boss James Comey to a grand jury after defense attorneys said the indictment failed to meet legal standards.
Defense attorneys had not filed a motion to challenge the indictment as of Thursday morning, but made it clear in court Wednesday they didn’t think it would pass scrutiny.
Michael Dreeben, an attorney for Comey, said: “There is no indictment.”
He also said the statute of limitations for the charges expired Sept. 30, making the claimed misstep “tantamount to a complete bar” on the prosecution.
In September, federal prosecutors alleged that Comey lied to Congress when he denied claims that he leaked classified documents to a news outlet over the Trump-Russia election interference hoax investigation. The two-page indictment charged Comey with making false statements to Congress and obstruction of justice related to leaked documents to The New York Times.
In a filing late Wednesday, prosecutors defended their handling of the grand jury.
“The record shows that a duly constituted grand jury considered the presented indictment and returned a true bill as to only Counts Two and Three,” Assistant United States Attorney N. Tyler Lemons wrote. “Considering Gaither and controlling Supreme Court and Fourth Circuit precedent, the government course of conduct here was permissible and proper.”
Comey’s defense also argued that the charges against the former FBI boss were the result of selective or vindictive prosecution. That can be a high bar to prove. President Donald Trump tried the same thing in several of the case filed against him in the run up to the 2024 election. Trump was convicted in New York, but three other cases against him stalled or were dismissed.
U.S. District Judge Michael Nachmanoff, a Biden appointee, ordered both sides to provide him with answers to how the case should proceed.
The defense had not responded as of Thursday morning.
Partly Sunny then Chance Showers And Thunderstorms
Latest News Stories
Pennsylvania lawmakers criticize violent ICE encounters
WATCH: Tax increase talk at Statehouse; Bost’s election lawsuit against Illinois wins standing
Illinois Quick Hits: Indiana governor ‘working hard’ to attract Bears
Meeting Summary and Briefs: Capital Improvements & IT Committee for January 6, 2026
Public Works Shifts Focus to Snow Removal; Spring Leaf Collection Promised
Public Works Committee: $18.8 Million Contract Awarded for Lorenzo Road Bridge Over BNSF Railway
Meeting Summary and Briefs: Will County Board Public Health & Safety Committee for January 7, 2026
Beecher Village Board Appoints New Clerk, Approves Environmental Justice Committee Role
Vance’s tie-breaking vote tanks resolution restricting Venezuela military actions
Federal court upholds California congressional redistricting
Trump orders new mediation for New York rail contract dispute
U.S. House passes two more govt funding bills, sending to Senate
