DOJ admits not all grand jury members saw the final version of the indictment against James Comey

The Justice Department admitted Wednesday that not every member of the grand jury in former FBI Director James Comey’s case saw the final version of the indictment, an error that could get the case thrown out

The Justice Department admitted Wednesday that not every member of the grand jury in former FBI Director James Comey’s case saw the final version of the indictment, an error that could get the case thrown out.

The rare admission of fault from the administration came toward the end of a hearing on Comey's arguments that the case should be dismissed because he's the victim of a "selective and vindictive" prosecution.

U.S. District Judge Michael Nachmanoff of the Eastern District of Virginia pressed prosecutor Tyler Lemons about concerns two other judges had raised about information that appeared to be missing from the transcripts of the grand jury proceedings.

The concerns centered on two separate indictments that been drafted — one that showed the grand jury had indicted Comey on two of three counts and a second that had just the two counts.

Lemons acknowledged that a grand jury coordinator had "edited" the first indictment, which was then signed by Lindsey Halligan, the acting U.S. attorney for the Eastern District of Virginia.