Concession by federal lawyers adds to mounting challenges in effort to prosecute the former FBI director

Federal prosecutors on Wednesday said they had never presented the final version of the indictment filed against James Comey to a full federal grand jury, a concession that adds to mounting challenges in their effort to prosecute the former FBI director.

Prosecutors acknowledged the omission during a Wednesday hearing in which Comey’s lawyers argued the case against him should be dismissed because it was a selective and vindictive prosecution.

Comey was indicted on 26 September on one count of making a false statement to Congress and one count of obstructing a congressional proceeding in connection with testimony he gave in 2020 in which he said he had not “authorized someone else at the FBI to be an anonymous source in news reports” regarding Hillary Clinton.

Court documents from September show that Lindsey Halligan, a Trump ally installed as a top prosecutor in the case, had sought an additional false statement charge against Comey, but that grand jurors had rejected it.