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.
Partly Sunny then Slight Chance Showers And Thunderstorms
Latest News Stories
Extension of pension buyout program to drop $144B liability
Man pleads guilty in killings of Minnesota House speaker, husband
Fraud, price gauging, terrorism concerns plague World Cup debut in US
Trump cancels impending strikes on Iran, final deal pending
FBI arrests eight accused of ‘terrorizing’ U-M leaders, Jewish Federation
Colorado’s only ICE detention center operator sues state
U.S. House fails to renew spy powers authority as World Cup begins
House panel opposes adding U.S. Supreme Court justices
Schools face bus funding, cost challenges
Ohio pulls 1,200 commercial truck licenses for immigration guidelines
First fugitive on FBI’s ‘Most Wanted Fraudsters’ list surrenders in Minneapolis
Pentagon on lockdown due to ‘hazardous materials incident’
