Judge who reviewed James Comey's indictment was confused by prosecutor's handling of case, transcript shows
Source: CBS News
September 26, 2025 / 9:11 PM EDT
U.S. Magistrate Judge Lindsey Vaala expressed confusion and surprise at some points during the seven-minute court session when a federal grand jury impaneled in Alexandria, Virginia, returned the indictment of former FBI Director James Comey Thursday night. According to a transcript of the proceedings obtained by CBS News, Judge Vaala asked the newly named interim U.S. Attorney Lindsey Halligan a former Trump personal lawyer why there were two versions of the indictment.
A majority of the grand jury that reviewed the Comey matter voted not to charge him with one of the three counts presented by prosecutors, according to a form that was signed by the grand jury's foreperson and filed in court. He was indicted on two other counts making false statements to Congress and obstructing a congressional proceeding after 14 of 23 jurors voted in favor of them, the foreperson told the judge.
But two versions of the indictment were published on the case docket: one with the dropped third count, and one without. The transcript reveals why this occurred. "So this has never happened before. I've been handed two documents that are in the Mr. Comey case that are inconsistent with one another," Vaala said to Halligan. "There seems to be a discrepancy. They're both signed by the (grand jury) foreperson." And she noted that one document did not clearly indicate what the grand jury had decided.
"The one that says it's a failure to concur in an indictment, it doesn't say with respect to one count," Vaala said. "It looks like they failed to concur across all three counts, so I'm a little confused as to why I was handed two things with the same case number that are inconsistent." Halligan initially responded that she hadn't seen that version of the indictment.
Read more: https://www.cbsnews.com/news/judge-james-comey-indictment-confusion-trump/

tanyev
(47,884 posts)SickOfTheOnePct
(8,660 posts)...relative to Halligan.
Bengus81
(9,449 posts)No experience except being just another Trump boot licker like Habba.
Bernardo de La Paz
(58,798 posts)Bluetus
(1,581 posts)Buddyzbuddy
(1,549 posts)Bernardo de La Paz
(58,798 posts)Marthe48
(21,917 posts)settling for the badly trained.
ancianita
(41,996 posts)dumb but really thinks the judge is stupid. I wonder if the judge can just throw out the filing and tell this dumb prosecutor to start over with her fishing expedition.
James48
(4,958 posts)But it takes a unanimous jury to get a guilty verdict.
70sEraVet
(4,925 posts)How can this exchange be seen as anything other than someone blatantly lying to a judge?
"Halligan initially responded that she hadn't seen that version of the indictment."
"I only signed the one the two-count (indictment)"
Then,
"Okay. It has your signature on it," Vaala told Halligan, who responded, "Okay. Well."
I don't know what happens when a prosecutor lies to a judge. Its not perjury, because the prosecutor is not under oath. But it must do damage to their case.
Bob_in_VA
(109 posts)But my understanding is that an attorney is an officer of the court and as such, lying to the judge has consequences. Fairly substantial consequences. See below
Lawyers who violate their ethical duties as officers of the court may face significant professional and legal consequences.
Disciplinary action: State bar associations investigate complaints of misconduct and can issue sanctions such as:
Private or public reprimands: A formal warning for misconduct.
Suspension: The attorney is prohibited from practicing law for a specified period.
Disbarment: The attorney's license to practice is revoked permanently.
Contempt of court: A judge can impose fines or even jail time for direct acts of disrespect or disobedience, such as making a false statement.
Legal liability: An attorney's misconduct may expose them to civil lawsuits for malpractice from clients who were harmed by their actions.
Lying to judge is considered a violation of their ethical duties.
70sEraVet
(4,925 posts)Would live to see Comey sue her.
Bayard
(27,139 posts)If state bars start disciplining federal lawyers.
"Yes, state bars can discipline federal lawyers for violations of state ethical rules while practicing in that state, as the Department of Justice has authorized state bar discipline for government attorneys and state laws govern attorney conduct for all lawyers practicing within their borders. This is reinforced by federal law (28 U.S.C. § 530B), which requires federal attorneys to conform to state ethical rules, similar to private attorneys. While a state bar's attempt to impose exclusive disciplinary jurisdiction over federal attorneys would raise Supremacy Clause issues, reasonable oversight and application of state ethical standards are permissible and expected."
Just the filing of frivolous lawsuits would be huge in numerous states.
IbogaProject
(5,032 posts)If one of those suggests a negative vote on all three charges than the case should be dropped. And Halligan should be reffered to the Bar Association for disbarment. Playing games w switching the signature page to a different document, with altered statements and forged Grand Jury vote totals should be the end of having a law licence. Even if underlings did it. Our system of justice requires the lawyers to be scrupulously honest.
SSJVegeta
(1,586 posts)Or at least getting disbarred.
And these indictments aren't going anywhere.
AverageOldGuy
(2,995 posts). . . the old radio show Ted Mackes Original Amateur Hour?
Dem4life1970
(972 posts)Trump and his cronies can continue their unconstitutional attacks on people all they want. But when they actually involve the third branch of government, the judiciary, they have to reenter the world of reality and present facts and evidence. This is where he has always failed...and it is also where he will fail again.
moniss
(8,124 posts)calling the grand jury foreperson into court to explain.