A major blow has hit the effort to prosecute former FBI Director James Comey, after a prosecutor aligned with former President Donald Trump admitted in court that the grand jury never reviewed or voted on the final version of the indictment.
In federal criminal cases, grand jurors must formally vote to approve an indictment before it can be filed. But prosecutors revealed that only the grand jury foreperson signed off on the second, updated charging document — a move legal experts say violates basic constitutional procedure.
The admission came during a hearing before the judge overseeing the case, raising immediate questions about whether the indictment is even valid. Defense attorneys argued that the failure to obtain a full grand jury vote is a fatal flaw that should result in the charges being dismissed altogether.
Prosecutors working on behalf of Trump have faced criticism for their aggressive strategy against Comey, whose firing in 2017 helped spark the investigation into Russian interference in the U.S. election. The new revelation deepens concerns about political motivations and procedural shortcuts in bringing the case forward.
Legal analysts say the misstep could “cripple the case,” as federal law requires a grand jury to review and approve the complete, final indictment — not just an earlier draft or a version modified after the vote.
The judge is expected to rule soon on whether to throw out the indictment. If dismissed, prosecutors would need to reconvene the grand jury and start over, a process that could significantly delay or even derail the prosecution.
The controversy has intensified the already heated national debate over the use of the justice system in politically charged cases.
