Former FBI Director James Comey is requesting a federal judge to dismiss the criminal charges against him, citing significant issues with the grand jury process. His legal team argues that the indictment is fundamentally flawed because the grand jury did not review the final version of the charges. This motion was filed on Friday in Alexandria, Virginia, following revelations during a recent court hearing.

Interim U.S. Attorney Lindsey Halligan acknowledged in court that the grand jury did not vote on the final two-count indictment against Comey. Instead, she stated that the grand jury only reviewed an earlier version that included a charge they ultimately rejected. Comey’s attorneys contend that this oversight violates his Fifth Amendment rights, asserting, "The grand jury voted to reject the only indictment that the government presented to it."

In their filing, Comey’s lawyers described the prosecution as reckless, claiming it was driven by a desire to indict him before the statute of limitations expired. They stated, "Those errors reflect the reckless and ill-conceived nature of this prosecution." They also criticized Halligan for allegedly rushing the indictment while disregarding essential grand jury protocols.

Federal prosecutors attempted to clarify the situation in a legal filing, asserting that the grand jury did review the two-count indictment. However, Comey’s defense team argued that this claim contradicts previous statements made by the government and relies on a misinterpretation of the grand jury proceedings. They highlighted concerns about gaps in the grand jury transcript and the absence of a recording of the indictment presentation.

The charges against Comey include one count of lying to Congress and one count of obstructing a congressional proceeding related to his testimony before the Senate Judiciary Committee in 2020. Comey has pleaded not guilty to these charges. His legal team is also challenging Halligan’s appointment as interim U.S. attorney, arguing that it was unlawful and politically motivated.

U.S. Magistrate Judge William Fitzpatrick previously identified a "disturbing pattern of profound investigative missteps" in the grand jury's handling of the case. He noted that Halligan made statements that could compromise the integrity of the grand jury process. Halligan, who had no prior prosecutorial experience, was appointed just days before Comey’s indictment.

During a recent hearing, Judge Michael Nachmanoff questioned the validity of the indictment and the events surrounding the grand jury proceedings. He noted that the grand jury had initially been presented with a three-count indictment but rejected one count before voting on the remaining two. Prosecutors later indicated that the final two-count indictment was presented directly to a magistrate judge without being shown to the entire grand jury.

Comey’s attorneys are pushing for a swift dismissal of the case, arguing that the government’s actions during the grand jury process were flagrant and improper. They maintain that without a valid indictment, there are no charges against Comey. The judge has yet to rule on the motion to dismiss the indictment, and a separate judge is considering the legality of Halligan’s appointment. A decision is expected before Thanksgiving.