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.
Showers And Thunderstorms Likely
Latest News Stories
Government spending on seniors’ benefits soon to make up majority of federal budget
Beecher Approves $36,000 Satellite Leak Detection Contract With Asterra
Illinois Dems seek to expand post-release convict support, housing
$580B federal highway bill clears committee; includes rail safety, EV fees
Tennessee smuggling charges against Kilmar Abrego Garcia dismissed
NASA reorganizes to accelerate Moon Base, lunar programs
Gabbard announces resignation, cites personal reasons
Illinois Quick Hits: Community College reimbursement bill passed
Powell out, Warsh in as new chair of Federal Reserve
Nessel pushes back as Trump administration extends order keeping coal plant open
Bipartisan praise for federal charges in Minnesota fraud cases
Congress rejects Trump’s proposed NASA budget cuts
