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Judge in Comey case orders prosecutors to hand over full transcript of grand jury presentation

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James Comey's lawyers ask judge to dismiss charges against him
Brendan Smialowski/AFP via Getty Images
ByAlexander Mallin
November 04, 2025, 6:36 PM

The federal judge overseeing former FBI Director James Comey's legal challenge to the appointment of Lindsey Halligan as U.S. Attorney for the Eastern District of Virginia has ordered prosecutors to hand over a full transcript of Halligan's presentation to the grand jury that voted to indict Comey. 

Judge Cameron Currie, who was appointed outside of the district to review the validity of Halligan's appointment, said in an order Tuesday that a transcript handed over by prosecutors "fails to include remarks made by the indictment signer both before and after the testimony of the sole witness, which remarks were referenced by the indictment signer during the witness's testimony." 

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Prosecutors urge judge to reject ex-FBI Director James Comey's claim he's being 'vindictively' prosecuted

Comey pleaded not guilty on Oct. 8 to one count of false statements and one count of obstruction of a congressional proceeding related to his testimony before the Senate Judiciary Committee in 2020, amid what critics call President Donald Trump's campaign of retribution against his perceived political foes. Vice President JD Vance has said any such prosecutions are "driven by law and not by politics." 

Halligan, who was Trump's handpicked choice for U.S. attorney, sought the indictment of Comey over the objections of career prosecutors after Trump forced out previous U.S. attorney Erik Siebert who sources said had resisted bringing cases against Comey and New York Attorney General Letitia James.

Judge Currie, in her order, said prosecutors did not hand over any records or transcripts showing Halligan's remarks during her presentment in which the grand jury returned indictments on two of three counts sought by Halligan but declined to indict Comey on one count of making false statements to Congress. 

Former FBI Director James Comey arrives to testify during a US Senate Select Committee on Intelligence hearing on Capitol Hill, June 8, 2017.
Brendan Smialowski/AFP via Getty Images

"Accordingly, the Government is directed to submit, no later than Wednesday, November 5, 2025, at 5:00 pm, for in camera review, a complete Transcript and/or recording of all statements made by the indictment signer to the grand jury on September 25, 2025, to include statements made prior to and after the testimony of the witness and during the presentation of the three-count and subsequent two-count indictments," Currie wrote.

Comey's attorneys are set to be back in court Wednesday over an evidentiary dispute issue related to materials that Comey's attorneys contend could include privileged information and that the government should be barred from reviewing. That hearing will take place before a separate magistrate judge.

Currie is set to hold a separate motions hearing next Thursday to hear arguments on the challenges to Halligan's appointment. 

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