(CNN) — Attorneys for former FBI Director James Comey are asking a federal judge to dismiss the charges against him because, they say, a grand jury never approved the final indictment in the case.

The motion to dismiss comes after prosecutors, including interim US Attorney Lindsey Halligan, said in court this week that the indictment — which omitted a count that the grand jury rejected — was not seen in its final form by all grand jurors.

“The grand jury voted to reject the only indictment that the government presented to it,” Comey’s attorneys wrote in Friday’s filing. “Instead of presenting the grand jury with a revised indictment, Ms. Halligan signed a new two count indictment that the grand jury had never seen or voted on.”

Comey’s team is asking the judge to toss the case by a

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