Judge who reviewed James Comey's indictment was confused by prosecutor's handling of case, transcript shows

By Jacob Rosen, Joe Walsh
September 26, 2025 / 9:11 PM EDT / CBS News

U.S. Magistrate Judge Lindsey Vaala expressed confusion and surprise at some points during the seven-minute court session when a federal grand jury impaneled in Alexandria, Virginia, returned the indictment of former FBI Director James Comey Thursday night. … According to a transcript of the proceedings obtained by CBS News, Judge Vaala asked the newly named interim U.S. Attorney Lindsey Halligan — a former Trump personal lawyer — why there were two versions of the indictment.

A majority of the grand jury that reviewed the Comey matter voted not to charge him with one of the three counts presented by prosecutors, according to a form that was signed by the grand jury's foreperson and filed in court. He was indicted on two other counts — making false statements to Congress and obstructing a congressional proceeding — after 14 of 23 jurors voted in favor of them, the foreperson told the judge.

But two versions of the indictment were published on the case docket: one with the dropped third count, and one without. The transcript reveals why this occurred. … "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," Vaala said to Halligan. "There seems to be a discrepancy. They're both signed by the (grand jury) foreperson."

And she noted that one document did not clearly indicate what the grand jury had decided. … "The one that says it's a failure to concur in an indictment, it doesn't say with respect to one count," Vaala said. "It looks like they failed to concur across all three counts, so I'm a little confused as to why I was handed two things with the same case number that are inconsistent."

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