Politics

Procedural Questions and DOJ Criticism Emerge in Comey Case

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Nov 20, 2025

THE BARE STORY

Recent court proceedings in the criminal case against former FBI Director James Comey have raised procedural questions about his indictment and prompted public criticism of the presiding judge from the Department of Justice. Comey was indicted in September on charges of lying to Congress, to which he has pleaded not guilty.

During a hearing, U.S. Attorney for the Eastern District of Virginia, Lindsey Halligan, testified that the final, revised indictment against Comey was not reviewed by the full grand jury. According to her testimony, the document containing the two counts Comey was ultimately charged with was instead seen only by the jury foreperson and one other juror.

Following the hearing, Halligan stated that Judge Michael Nachmanoff had called her a "puppet." A DOJ spokesperson characterized the judge’s remarks from the bench as an "outrageous and unprofessional personal attack." Records from the hearing reportedly indicate the judge asked Comey's attorney if it was their position that Halligan was a "puppet" for President Donald Trump. An attorney for Comey declined to use that language but stated she "did what she was told to do."

Attorneys for Comey argued in court that President Trump was "manipulating the machinery of prosecution." The defense's argument followed Trump's replacement of the previous U.S. Attorney with Halligan, a former White House staffer without prosecutorial experience, and the president's subsequent public calls for Comey to be prosecuted.

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• The final indictment was not reviewed by the full grand jury. U.S. Attorney for the Eastern District of Virginia, Lindsey Halligan, testified that the revised indictment document was only seen by the jury foreperson and one other juror. This testimony raises procedural questions about how the two counts Comey was ultimately charged with were formally brought.

• The presiding judge's remarks have been called unprofessional. A Department of Justice spokesperson has publicly condemned Judge Michael Nachmanoff’s comments from the bench. The spokesperson characterized the judge’s remarks as an "outrageous and unprofessional personal attack" on the U.S. Attorney.

• The judge is alleged to have personally insulted the prosecutor. Following the hearing, Halligan stated that Judge Nachmanoff had called her a "puppet." Hearing records reportedly indicate the judge asked Comey's attorney if it was their position that Halligan was a "puppet" for the president, which the DOJ views as inappropriate judicial conduct.

How it may affect me

As a U.S. reader:

• The case may affect public trust in the legal system, due to accusations of political manipulation of prosecutions and questions about judicial impartiality.

• Questions about the grand jury's review of the indictment could impact procedural standards for how federal charges are brought against individuals in the future.

• Public criticism of a federal judge by the Department of Justice could influence perceptions of the separation of powers and government function.

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