Another filing from Halligan seeking to clarify the grand jury proceedings that have been the focus of scrutiny over recent days and really, since day one in this case—as the just-filed Transcript of Return of Grand Jury Indictment Proceedings shows.
For reference, here are the "no true bill" 3-count and the "true bill" 2-count indictments.
As you can see, Count Two and, uh, the other Count Two of the 3-count are IDENTICAL to Count One and Count Two of the 2-count.
Both were filed, as both were presented in open court.
The notice accompanying the transcript says
"The official transcript of the September 25, 2025, proceedings before Magistrate Judge Vaala conclusively refutes [the] claim [that there was an issue with the grand jury voting process] and establishes that the grand jury voted on—and true-billed—the two-count indictment."
NEW filing by US Attorney Halligan clarifies that "the foreperson of the grand jury 'reported that 12 or more grand jurors did not concur in finding an indictment' as to proposed 'Count 1 only,'" but did concur on Counts 2 & 3.
The 3-count indictment was edited into a 2-count indictment, numbers adjusted, and the foreperson signed the new one.
"Fed. R. Crim. P. [] Rule 6 simply does not require a successive-voting procedure where there is a mixed return from the grand jury on a multi-count indictment."
It appears, based on filings and testimony from Halligan and her office, that the two-count indictment against James Comey was not properly presented and returned by the full grand jury.