U.S. Magistrate Judge Lindsey Vaala expressed confusion over the handling of former FBI Director James Comey’s indictment during a late evening court session in Alexandria, Virginia, on Thursday.
A federal grand jury had returned charges against Comey, but the process quickly drew scrutiny after two inconsistent versions of the indictment appeared on the docket.
According to a transcript of the hearing obtained by CBS News, Judge Vaala questioned why there were two versions of the indictment, both signed by the grand jury’s foreperson. One version included three counts, while the other had only two. The grand jury ultimately voted not to indict Comey on one of the three counts prosecutors had presented, but confusion arose when the paperwork did not clearly reflect that outcome.
“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,” Judge Vaala said during the hearing. “There seems to be a discrepancy. They’re both signed by the foreperson.” She added that one version suggested the jury failed to concur across all three counts, creating uncertainty about the official decision.
Comey, who was fired by former President Donald Trump in 2017, faces charges of making false statements to Congress and obstructing a congressional proceeding, both tied to testimony he gave before the Senate in 2020. Fourteen of the 23 grand jurors voted in favor of those charges, while a majority opposed the third count.
When questioned about the conflicting indictments, newly sworn-in interim U.S. Attorney Lindsey Halligan, a former personal lawyer for Trump, said she had only reviewed and signed the two-count version. “I did not see the other one. I don’t know where that came from,” Halligan told the judge. Vaala appeared surprised and pressed her further, pointing out that the three-count version also carried her signature.
Halligan responded that she had originally drafted three counts but only signed the final version with two counts. “I don’t know which one with three counts you have in your hands,” she said.
The session itself began unusually late, at 6:47 p.m., with Judge Vaala noting that it was rare for the court to convene at such an hour. The irregular timing only added to the unusual nature of the case, which has already drawn attention due to Trump’s vocal demands that prosecutors target Comey.
In another unprecedented step, Halligan herself signed Comey’s indictment, rather than delegating the responsibility to a career federal prosecutor. Halligan was sworn in just days earlier after a period of turmoil within the U.S. Attorney’s Office in Alexandria. The previous office head, Erik Siebert, announced his resignation last week amid concerns that he would be ousted for failing to charge another Trump adversary, New York Attorney General Letitia James. Trump confirmed Siebert’s firing shortly afterward and called on Attorney General Pam Bondi to investigate Comey, James, and longtime political opponent Senator Adam Schiff.
Sources familiar with the Justice Department told CBS News that before the indictment was brought, staff in the Alexandria office circulated a memo advising against charging Comey. Despite those internal objections, the indictment proceeded under Halligan’s direction.
This was a big week at the Department of Justice. Our EDVA US Attorney Lindsey Halligan did an outstanding job. We will continue to fight for accountability, fairness, and the rule of law because the American people deserve nothing less.
— Attorney General Pamela Bondi (@AGPamBondi) September 26, 2025
Bondi praised Halligan on social media after the court session, posting on X that the new interim U.S. attorney had “did an outstanding job.”
The charges against Comey mark a historic moment, with a former FBI director now facing criminal prosecution after years of public clashes with Trump. Still, the confusion in court has raised further questions about how the Justice Department is managing such politically charged cases.
- Dolly’s Locations in Cincinnati and Dayton Closing Early Ahead of Final Day - October 24, 2025
- National Guard Deployment to San Francisco Put on Hold After Trump Talks With Tech Leaders - October 24, 2025
- Mayor Eric Adams Backs Andrew Cuomo to Halt Zohran Mamdani’s Rise in NYC Race - October 24, 2025
