James Comey’s defense argues ‘there is no indictment’ because DOJ did not present altered indictment to full grand jury

Prosecutors said that after the grand jury declined to approve one of the counts, Halligan brought an altered version to the grand jury’s foreperson in the magistrate’s courtroom instead of a new indictment. Prosecutor Tyler Lemons said, "The new indictment wasn’t a new indictment," per CNN.

Halligan was called to the lectern by Judge Michael Nachmanoff, asking her to confirm whether the full grand jury had been presented the altered indictment or not. Halligan said that an additional grand juror had been in the magistrate’s courtroom.

Lemons was asked a similar question, to which he said, "I wasn’t there, but that is my understanding."

Comey’s defense attorney, Michael Dreeben, claimed that because of this, "no indictment was returned" and "there is no indictment." He said that the statute of limitations has now passed for charging Comey with lying to Congress.

Comey was indicted on obstruction of justice and perjury charges in September for making false statements to lawmakers during a Senate Judiciary Committee hearing in 2020.

In a video posted after the indictment, Comey said: "My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn't imagine ourselves living any other way. We will not live on our knees and you shouldn't either. Somebody that I love dearly recently said that fear is the tool of a tyrant and she's right, but I'm not afraid. And I hope you're not either. I hope instead you are engaged. You are paying attention and you will vote like your beloved country depends upon it, which it does."

"My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system and I'm innocent, so let's have a trial and keep the faith."