Comey blasts ‘reckless and ill-conceived’ prosecution – argues charges should be dismissed ‘twice over’ in latest court filing 

Former FBI director James Comey has filed a brief asking a federal court to drop the indictment that could put him in jail. In the 29‑page motion, Comey’s lawyers say the process that led to the charges was rushed and full of legal mistakes, including what they call “fundamental errors” in the grand‑jury procedure.

Comey claims that a White House‑appointed interim U.S. attorney, Lindsey Halligan, pressured the authorities to move quickly before the statute of limitations ran out. He argues that Halligan violated basic grand‑jury rules and the Fifth Amendment by presenting an indictment that many jurors did not even see or approve.

The defense wants the judge to dismiss the charges twice over because of this alleged misconduct. They highlight that at least 12 jurors did not agree with the two‑count indictment and that the government’s version of the indictment was not properly reviewed by the grand jury.

Halligan’s team, however, says the grand‑jury rules were followed. In a counter‑filing they supplied a transcript of the jury session that shows the foreperson confirmed a vote on the indictment. They insist the two‑count bill was the operative indictment and that all required jurors approved it.

The case centers on whether the indictment was valid and whether the government’s actions violated the Fifth Amendment and the Fourth Amendment. If the indictment stands, Comey faces a trial scheduled for January 5, 2026 and up to five years in prison if convicted.

This dispute highlights glaring questions about how the grand‑jury system is used in high‑profile federal cases and whether executive influence can override ordinary legal safeguards.

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