Jury

The United States Department of Justice has acknowledged that the grand jury reviewing the case against James Comey, a former director of the Federal Bureau of Investigation (FBI), did not receive a copy of the final indictment against him.

That revelation on Wednesday came as lawyers for Comey sought to have the indictment thrown out of court.

At a 90-minute hearing in a federal court in Alexandria, Virginia, Comey’s lawyers argued that the case should be dismissed outright, not only for the prosecutorial missteps but also due to the interventions of President Donald Trump.

Comey is one of three prominent Trump critics to be indicted between late September and mid-October.

The hearing took place before US District Judge Michael Nachmanoff, and Comey’s defence team alleged that Trump was using the legal system as a tool for political retribution.

“This is an extraordinary case and it merits an extraordinary remedy,” defence lawyer Michael Dreeben said, calling the indictment “a blatant use of criminal justice to achieve political ends”.

The Justice Department, represented by prosecutor Tyler Lemons, maintained that the indictment met the legal threshold to be heard at trial.

But Lemons did admit, under questioning, that the grand jury that approved the indictment had not seen its final draft.

When Judge Nachmanoff asked Lemons if the grand jury had never seen the final version, the prosecutor conceded, “That is my understanding.”

It was the latest stumble in the Justice Department’s efforts to prosecute Comey for allegedly obstructing a congressional investigation and lying to senators while under oath.

Comey has pleaded not guilty to the two charges, and his defence team has led a multipronged effort to see the case nixed over its multiple irregularities.

Scrutiny over grand jury proceedings

Questions over the indictment — and what the grand jury had or had not seen — had been brewing since last week.

On November 13, US District Judge Cameron McGowan Currie raised questions about a span of time when it appeared that there appeared to be “no court reporter present” during the grand jury proceedings.

Then, on Tuesday, Magistrate Judge William Fitzpatrick took the extraordinary step of calling for the grand jury materials to be released to the Comey defence team, citing “a disturbing pattern of profound investigative missteps”.

They included misleading statements from prosecutors, the use of search warrants pertaining to a separate case, and the fact that the grand jury likely did not review the final indictment in full.

Separately, in Wednesday’s hearing, Judge Nachmanoff pressed acting US Attorney Lindsey Halligan about who saw the final indictment.

After repeated questions, she, too, admitted that only the foreperson of the grand jury and a second grand juror were present for the returning of the indictment.

Halligan oversaw the three indictments against the Trump critics: Comey, New York Attorney General Letitia James and former National Security Adviser John Bolton.

All three have denied wrongdoing, and all three have argued that their prosecution is part of a campaign of political vengeance.

Spotlight on Trump-Comey feud

Wednesday’s hearing focused primarily on establishing that argument, with Comey’s lawyers pointing to statements Trump made pushing for the indictments.

Comey’s defence team pointed to the tense relationship between their client and Trump, stretching back to the president’s decision to fire Comey from his job as FBI director in 2017.

Comey had faced bipartisan criticism for FBI investigations into the 2016 election, which Trump ultimately won.

Trump, for example, accused the ex-FBI leader of going easy on his Democratic rival, Hillary Clinton, calling him a “slime ball”, a “phony” and “a real nut job”.

“FBI Director Comey was the best thing that ever happened to Hillary Clinton in that he gave her a free pass for many bad deeds,” Trump wrote on social media in May 2017.

Comey, meanwhile, quickly established himself as a prominent critic of the Trump administration.

“I don’t think he’s medically unfit to be president. I think he’s morally unfit to be president,” Comey told ABC News in 2018.

He added that a president must “embody respect” and adhere to basic values like truth-telling. “This president is not able to do that,” Comey said.

In Wednesday’s hearing, Comey’s defence also pointed to the series of events leading up to the former FBI director’s indictment.

Last September, Trump posted on social media a message to Attorney General Pam Bondi, calling Comey and James “guilty as hell” and encouraging her not to “delay any longer” in seeking their indictments.

That message was “effectively an admission that this is a political prosecution”, according to Dreeben, Comey’s lawyer.

Shortly after the message was posted online, Halligan was appointed as acting US attorney for the Eastern District of Virginia

She replaced a prosecutor, Erik Siebert, who had reportedly declined to indict Comey and others for lack of evidence. Trump had denounced him as a “woke RINO”, an acronym that stands for “Republican in name only”.

Dreeben argued that switcheroo also signalled Trump’s vindictive intent and his spearheading of the Comey indictment.

But Lemons, representing the Justice Department, told Judge Nachmanoff that Comey “was not indicted at the direction of the president of the United States or any other government official”.

ALEXANDRIA, Va. — The Justice Department acknowledged in court Wednesday the grand jury that charged former FBI Director James Comey was not presented with a copy of the final indictment, a concession that may further imperil a prosecution already subject to multiple challenges and demands for its dismissal.

The revelation is the latest indication of a troubled presentation of the case to the grand jury by an inexperienced and hastily appointed U.S. attorney named to the job just days earlier by President Trump.

Concerns about the process surfaced earlier in the week when a different judge in the case said there was no record in the transcript he had reviewed of the grand jury reviewing the indictment that was actually presented against Comey.

Lindsey Halligan, the interim U.S. attorney in charge of the case, said under questioning that only the foreperson of the grand jury and a second grand juror were present for the returning of the indictment.

Comey has pleaded not guilty to charges accusing him of making a false statement and obstructing Congress and has denied any wrongdoing.

The Justice Department has denied that the prosecution was vindictive or selective and insists that the allegations support the indictment.

Trump fired Comey as FBI director in May 2017 as Comey was overseeing an FBI investigation into potential ties between Russia and Trump’s 2016 campaign. The two have been publicly at odds ever since, with Trump deriding Comey as “a weak and untruthful slime ball” and calling for his prosecution.

Tucker and Kunzelman write for the Associated Press.

Nov. 6 (UPI) — Former Justice Department paralegal Sean Dunn is not guilty of assault for throwing a sub sandwich at a Border Patrol agent in Washington, D.C., a federal jury ruled Thursday.

The jury deliberated a misdemeanor assault charge against Dunn on Wednesday and Thursday before rendering its verdict, NBC News reported.

Dunn accosted Border Patrol agent Greg Lairimore in the capital’s U Street area, swore at him called him an unwelcome “fascist” before throwing a footlong sub sandwich that struck him in the chest.

The Border Patrol agent was there as part of President Donald Trump‘s federal law enforcement surge to thwart crime in the nation’s capital.

Lairimore testified that the sandwich “exploded” when it hit his chest, but photos showed it was still wrapped while lying on the ground after striking him.

The case was tried in the U.S. District Court for the District of Columbia, where a grand jury earlier rejected several potential felony charges against Dunn.

U.S. Attorney Jeanine Pirro proceeded with the misdemeanor assault charge against Dunn and agreed to hold a jury trial upon the request of Dunn’s attorneys.

Attorney General Pam Bondi earlier cited Dunn as an example of the “deep state” in Washington and fired him from his DOJ job.

The incident went viral as video footage circulated on social media and inspired murals and other depictions of a masked Dunn preparing to hurl a footlong sub sandwich like a quarterback would throw a football.

Some people also dressed in costumes intended to mimic Dunn, and many Washington-area homes featured skeletons dressed similarly to Dunn during Halloween.

WASHINGTON — Hurling a sandwich at a federal agent was an act of protest for Washington, D.C., resident Sean Charles Dunn. A jury must decide if it was also a federal crime.

“No matter who you are, you can’t just go around throwing stuff at people because you’re mad,” Assistant U.S. Atty. John Parron told jurors Tuesday at the start of Dunn’s trial on a misdemeanor assault charge.

Dunn doesn’t dispute that he threw his submarine-style sandwich at a U.S. Customs and Border Protection agent outside a nightclub on the night of Aug. 10. It was an “exclamation point” for Dunn as he expressed his opposition to President Trump’s law enforcement surge in the nation’s capital, defense attorney Julia Gatto said during the trial’s opening statements.

“It was a harmless gesture at the end of him exercising his right to speak out,” Gatto said. “He is overwhelmingly not guilty.”

A bystander’s cellphone video of the confrontation went viral on social media, turning Dunn into a symbol of resistance against Trump’s months-long federal takeover. Murals depicting him mid-throw popped up in the city virtually overnight.

“He did it. He threw the sandwich,” Gatto told jurors. “And now the U.S. attorney for the District of Columbia has turned that moment — a thrown sandwich — into a criminal case, a federal criminal case charging a federal offense.”

A grand jury refused to indict Dunn on a felony assault count, part of a pattern of pushback against the Justice Department’s prosecution of surge-related criminal cases. After the rare rebuke from the grand jury, U.S. Atty. Jeanine Pirro’s office charged Dunn instead with a misdemeanor.

Customs and Border Protection Agent Gregory Lairmore, the government’s first witness, said the sandwich “exploded” when it struck his chest hard enough that he could feel it through his ballistic vest.

“You could smell the onions and the mustard,” he recalled.

Lairmore and other agents were standing in front of a club hosting a “Latin Night” when Dunn approached and shouted profanities at them, calling them “fascists” and “racists” and chanting “shame.”

“Why are you here? I don’t want you in my city!” Dunn shouted, according to police.

Lairmore testified that he and the other agents tried to de-escalate the situation.

“He was red-faced. Enraged. Calling me and my colleagues all kinds of names,” he said. “I didn’t respond. That’s his constitutional right to express his opinion.”

After throwing the sandwich, Dunn ran away but was apprehended about a block away.

Later, Lairmore’s colleagues jokingly gave him gifts making light of the incident, including a subway sandwich-shaped plush toy and a patch that said “felony footlong.” Defense attorney Sabrina Schroff pointed to those as proof that the agents recognize this case is “overblown” and “worthy of a joke.”

Parron told jurors that everybody is entitled to their views about Trump’s federal surge. But “respectfully, that’s not what this case is about,” the prosecutor said. “You just can’t do what the defendant did here. He crossed a line.”

Dunn was a Justice Department employee who worked as an international affairs specialist in its criminal division. After Dunn’s arrest, Atty. Gen. Pam Bondi announced his firing in a social media post that referred to him as “an example of the Deep State.”

Dunn was released from custody but rearrested when a team of armed federal agents in riot gear raided his home. The White House posted a highly produced “propaganda” video of the raid on its official X account, Dunn’s lawyers said.

Dunn’s lawyers have argued that the posts by Bondi and the White House show Dunn was impermissibly targeted for his political speech. They urged U.S. District Judge Carl Nichols to dismiss the case, calling it a vindictive and selective prosecution. Nichols, who was nominated by Trump, didn’t rule on that request before the trial started Monday.

Dunn is charged with assaulting, resisting, opposing, impeding, intimidating and interfering with a federal officer. Dozens of Trump supporters who stormed the Capitol were convicted of felonies for assaulting or interfering with police during the Jan. 6 attack. Trump pardoned or ordered the dismissal of charges for all of them.

Kunzelman writes for the Associated Press.