(MENAFN- Live Mint) The prosecution of former FBI Director James Comey encountered a new hurdle on Wednesday (November 19) as the Justice Department acknowledged a potential procedural error in how the case was presented to a federal grand jury.

The issue arose during a hearing where Comey's attorneys asked US District Judge Michael Nachmanoff to dismiss the case, claiming the government's actions were vindictive and improperly influenced by President Donald Trump.

Grand jury indictment concerns

Comey's lawyer, Michael Dreeben, argued that the failure to present the final two-count indictment to the full grand jury could be grounds for dismissal.

“That would be tantamount to a bar of further prosecution in this case,” Dreeben told the court.

US Magistrate Judge William Fitzpatrick had earlier reviewed a transcript of the grand jury proceedings and questioned whether all jurors saw the final indictment. Justice Department prosecutor Tyler Lemons confirmed that only two jurors, including the foreperson, were present when the revised indictment was submitted.

Charges against Comey

James Comey, dismissed by President Donald Trump in 2017 and a longtime critic since, is seeking to have federal charges dismissed that stem from his 2020 testimony. He is among several individuals seen as Trump's opponents who have faced recent investigations or indictments.

Comey faces charges of making a false statement and obstructing Congress, linked to sworn testimony about whether he authorized an FBI colleague to serve as an anonymous source to the news media. Comey has pleaded not guilty.

Vindictive prosecution claims

Dreeben contended that the indictment was influenced by political pressure from Trump.

“The president's use of the Department of Justice to bring a criminal prosecution against a vocal and prominent critic in order to punish and deter those who would speak out against him violates the Constitution,” he said.

Trump had publicly demanded action against Comey, posting in September:“We can't delay any longer, it's killing our reputation. JUSTICE MUST BE SERVED, NOW!!!”

Dreeben noted that Trump later appointed Lindsey Halligan, a White House aide without prior prosecutorial experience, as acting US attorney for the Eastern District of Virginia. Halligan quickly secured Comey's indictment days before the statute of limitations expired.

“She did what she was told to do,” Dreeben said in court.

Justice Department response

Prosecutors insisted that Comey's indictment was based on legal violations, not political direction.

“The defendant is not being put on trial for anything he said about the president,” Lemons said.“It was her decision and her decision only.”

However, Judge Nachmanoff pressed the issue, pointing out Halligan's recent appointment by Trump:

“What independent evaluation could she have done in that time period?”

Nachmanoff did not issue an immediate ruling, stating that the case involves“issues [that] are too weighty and too complex” to decide from the bench.

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