Attorneys for former FBI Director James Comey are asking a federal choose to dismiss the fees towards him as a result of, they are saying, a grand jury never approved the ultimate indictment within the case.
The motion to dismiss comes after prosecutors, together with interim US Attorney Lindsey Halligan, stated in court docket this week that the indictment — which omitted a rely that the grand jury rejected — was not seen in its closing type 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 submitting. “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 crew is asking the choose to toss the case by as quickly as Monday due to the “flagrant nature of the government’s misconduct during the grand jury process.”
“Because at least 12 jurors did not ‘approve the actual indictment,’ there is no valid indictment of Mr. Comey,” protection attorneys stated of their submitting Friday.
Halligan, the lead federal prosecutor in Comey’s felony case stated in court docket earlier this week {that a} full grand jury by no means reviewed the ultimate indictment introduced towards him, however she reversed course in a short filed Thursday saying there have been no mistakes in how the indictment was dealt with in September. Halligan stated a part of the transcript from the September 25 listening to, when a Justice of the Peace choose in Alexandria, Virginia, was notified of the grand jury’s vote to approve costs towards the ex-FBI director, “conclusively refutes” any suggestion that an issue exists with that a part of the case.
Of the prosecutor’s efforts to revise their statements, Comey’s attorneys wrote their claims contradict “numerous other representations that the government has made to this Court.”
Their arguments, protection attorneys added, “rests on an erroneous overreading of an ambiguous exchange between the grand jury foreperson and the magistrate judge.”
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