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.
Prosecutors filed the emergency motion pursuant to Fed. R. Crim. Pro 59(a), which allows for a party before a magistrate judge to object to orders within 14 days. The district judge, who is Nachmanoff, must then consider the objection and "modify or set aside any part of the order that is contrary to law or clearly erroneous."
Even though the rule allows for 14 days, prosecutors are asking for just one week.
Magistrate Judge Fitzpatrick once again finds that disclosure of grand jury materials is warranted in this case.
Orders DOJ to turn ALL grand jury materials over to the defense by 3pm today and all audio recordings by 5pm today.
What got us here is a bit complicated, but I have covered it in several threads and videos over the past few weeks and am not at all surprised by this order.
If you want to avoid reactionary takes and understand what is going on in United States v. Comey—I'm your guy. : )
There are three judges involved in the Comey case.
Nachmanoff is the district judge handling the criminal case. He has brought in two other judges to handle sensitive issues. This was done in accordance with the rules.
NEW: Federal prosecutors filed a superseding indictment last week in the criminal case against a North Texas Antifa Cell.
The case is remarkable because it is the first time an Antifa group has been hit with terrorism charges.
On the night of July 4, 2025, near Alvarado, Texas, the Prairieland ICE Detention Facility, vehicles at the facility, federal agents, and responding Alvarado police officers were attacked by a group of almost a dozen people.
The attack was part vandalism, part ambush.
It was a coordinated assault, with several groups of attackers.
One group used fireworks to distract/disorient/suppress law enforcement, while another group vandalized structures and vehicles, and yet another group ambushed law enforcement with firearms.