In Lindsey Halligan’s first attempt to explain why there were two grand jury indictments, she was at pains to deny that any of her actions were missing from the transcript.
5. During the intermediary time, between concluding my presentation and being notified of the grand jury’s return, I had no interaction whatsoever with any members of the grand jury. This time represents the grand jury’s private deliberation which was done in secret with no one but the members of the grand jury present, consistent with Federal Rule of Criminal Procedure 6(d)(2).
6. I was never present in front of the grand jury alone. At every moment I was in front of the grand jury, the court reporter was also present.
An email from the transcription service, submitted as an exhibit to the government’s bid to stave off Jim Comey getting the grand jury transcript, notes that — aside from Lindsey’s difficulties running ELMO, the AV system — there’s nothing untoward in the recording.
With the high profile nature of these cases, we went back through the audio and transcript for the J.C. case again and can confirm that no audio was missed and no testimony was left out. There was one instance where the prosector had technical issues with ELMO and some of the jurors assisted and came in to assist as well. That is detailed out in the transcript. When the prosecutor was finished presenting her case, she and the court reporter left the room, as is standard procedure, to let the jury deliberate. It was about 2 hours of deliberations. Both the court reporter and the CSO remained in the Grand Jury area (outside the jury room but in the secure area where the breakroom and restrooms are) during the deliberation period. When the deliberations were finished and the jurors were released, the court reporter went back into the jury room, transferred the audio files and annotations to the envelope and brought the envelope to our offices. The length of the audio files match to the timestamps in the annotations and nothing was missed or otherwise left out of the transcript.
But Lindsey also claimed all interaction with the grand jury was captured by the transcript.
There was no additional presentation, interaction, or discussion with the grand jury outside of what is reflected in the transcript.
That’s false. The transcription service’s description lays out that the court reporter left after “the jurors were released” and they “transferred the audio files and annotations to the envelope.”
Which means the other key disclosure in this filing happened without a court reporter as witness.
After the grand jury coordinator learned the jury had rejected one charge, “the coordinator was informed,” passive voice, by a prosecutor at EDVA to revamp the indictment. The grand jury coordinator “presented” the “corrected” indictment to the grand jury foreperson and deputy foreperson.
As a result of the grand jury’s determination that probable cause existed to believe that defendant had committed two of the charges set forth in the proposed indictment, the draft indictment was amended to remove the first count and keep the remaining two counts on which the grand jury had concurred. 23
23 After the Nov. 19, 2025, hearing on the defendant’s vindictive prosecution memorandum, the EDVA Grand Jury coordinator informed the undersigned that the grand jury foreperson informed her they had returned a true bill as to counts two and three, and not as to count one. The coordinator was informed by the Deputy Criminal Chief to amend the indictment by removing the text of former count one, and moving the remaining counts, two and three, to reflect as counts one and two. The grand jury coordinator then returned to the grand jury room and presented the corrected indictment to the grand jury foreperson and the deputy foreperson.
Lindsey the Insurance Lawyer was never alone with the grand jury. But the EDVA grand jury coordinator was.
Sure, maybe nothing substantive happened. But you have no proof that’s true.