U.S. Magistrate Judge Expresses Confusion Over Inconsistent Documents in James Comey Indictment

Judge Questions Handling of Comey Indictment Documents

A U.S. Magistrate Judge expressed confusion and surprise on Thursday, September 25, 2025, during the handling of the indictment documents for former FBI Director James Comey. U.S. Magistrate Judge Lindsey Vaala noted inconsistencies in two versions of the indictment presented by prosecutor Lindsey Halligan during a court session in Alexandria, Virginia.

Details of the Indictment Against James Comey

Former FBI Director James Comey was indicted by a federal grand jury on two felony counts: making false statements to Congress and obstruction of a congressional proceeding. These charges stem from his testimony before the Senate Judiciary Committee in September 2020, which focused on the FBI's investigation into alleged Russian interference in the 2016 election. The indictment alleges that Comey knowingly lied under oath regarding whether he authorized anyone at the FBI to leak information to the press. The charges carry a potential sentence of up to five years in prison if convicted.

Inconsistencies Highlighted by Judge Vaala

During the seven-minute court session, Judge Vaala was presented with two versions of the indictment, both reportedly signed by the grand jury foreperson, which contained discrepancies. One version included a third count that the grand jury had rejected, while the other correctly reflected only the two approved charges. Judge Vaala remarked, '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.' She further noted that one document failed to clearly indicate the grand jury's decision regarding the rejected count.

Prosecutor's Response and Broader Context

Interim U.S. Attorney Lindsey Halligan, who handled the prosecution, initially stated she had only reviewed the two-count version of the indictment. However, Judge Vaala pointed out that Halligan's signature appeared on the three-count document as well. Halligan, a former personal lawyer for President Donald Trump, was recently appointed to her role and reportedly has no prior prosecutorial experience. The indictment itself followed intense public pressure from President Trump to prosecute his perceived political adversaries, raising concerns about political interference within the Justice Department. Comey's arraignment is scheduled for October 9 in Virginia.