Loaner AUSA Gabriel Diaz: Why Do You Think There Are Two Indictments Signed by Lindsey Halligan?
Did Lindsey Halligan sign and docket two indictments — nay, one indictment plus two copies (fucked and fixed) of a no-billed indictment?
“So this has never happened before. I’ve been handed two documents that are in the Mr. Comey case that are inconsistent with one another,” Vaala said to Halligan. “There seems to be a discrepancy. They’re both signed by the (grand jury) foreperson.”
And she noted that one document did not clearly indicate what the grand jury had decided.
“The one that says it’s a failure to concur in an indictment, it doesn’t say with respect to one count,” Vaala said. “It looks like they failed to concur across all three counts, so I’m a little confused as to why I was handed two things with the same case number that are inconsistent.”
Halligan initially responded that she hadn’t seen that version of the indictment.
“So I only reviewed the one with the two counts that our office redrafted when we found out about the two — two counts that were true billed, and I signed that one. I did not see the other one. I don’t know where that came from,” Halligan told the judge.
Vaala responded, “You didn’t see it?” And Halligan again told her, “I did not see that one.”
Vaala seemed surprised: “So your office didn’t prepare the indictment that they —”
Halligan then replied, “No, no, no — I — no, I prepared three counts. I only signed the one — the two-count (indictment). I don’t know which one with three counts you have in your hands.”
“Okay. It has your signature on it,” Vaala told Halligan, who responded, “Okay. Well.”
Except now that Lindsey the Insurance Lawyer can’t explain how she spent her day on September 25, Gabriel Diaz fronting for James Hayes under the name of Lindsey Halligan says maybe there wasn’t a second indictment.
The government’s position is that disclosure of grand jury materials is not warranted under the facts presented to the Magistrate Judge. Indeed, the government believes the Magistrate Judge may have misinterpreted some facts he found when issuing the latest order to release the grand jury materials to the defendant. For instance, (1) whether the defendant has any standing to challenge the Richman materials, (2) the full context of the statements made by the prosecutor to the grand jury, (3) that Agent-3 was exposed to potentially privileged material, and (4) that two indictments were presented to the grand jury. Additionally, the Magistrate Judge acknowledges he “did not immediately recognize any overtly privileged communications.” Dkt. No. 192 at 14. The possible exposure of privileged materials to the grand jury was the primary focus of the Magistrate Judge’s inquiry. Having seemingly settled that issue, the Magistrate Judge turns to premature issues such as suppression that have not even been briefed by the parties.
Literally items (2), (3), and (4) came from the government!
But now, in a desperate bid to buy a week of time to try to find a way to delay Jim Comey’s discovery that Lindsey the Insurance Lawyer and the Attorney General of the United States think he’s not entitled to Fifth Amendment rights.
If two indictments weren’t presented, then Lindsey the Insurance Lawyer has submitted a fabrication to the court and we should start criminal contempt proceedings.
Judge Fitzpatrick rattled off eleven problems with this indictment. And you want to stall for time?
All the evidence suggests there is no indictment, because the foreperson no-billed the only one presented to the grand jury.
And they want to stall for time?
Update: From Comey’s response. Holy hell these people are way more moderated than I would be.
Moreover, with respect to the presentment, the affidavit Ms. Halligan voluntarily presented raised significant concerns about whether the operative indictment was actually presented to the grand jury, and if so, by whom. The logical conclusion from Ms. Halligan’s declaration is that no one from the government presented a new indictment to the grand jury after it issued a no bill. Ms. Halligan’s declaration attests that she did not reappear before the grand jury upon learning of the grand jury’s vote to no bill the indictment she presented between 2:18PM and 4:28PM. See ECF No. 188-1 at 2 (“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.”). And, importantly, she asserts that “the transcript accurately reflects the entirety of the government’s presentation and presence in front of the grand jury. There was no additional presentation, interaction, or discussion with the grand jury outside of what is reflected in the transcript.” ECF No. 188-1 at 1 (emphasis added). If no one from the government presented the operative indictment, as logically follows from Ms. Halligan’s own assertions and her ultimate handing up of a purported indictment that differs from the one partially no true billed, then the grand jury did not vote on it. See ECF No. 193 at 17-18.
Update: Here’s the colloquy between Magistrate Judge Lindsey Vaala and the Foreperson.
THE FOREPERSON: So the three counts should be just one count. It was the very first count that we did not agree on, and the Count Two and Three were then put in a different package, which we agreed on.
THE COURT: So you —
THE FOREPERSON: So they separated it.
THE COURT: Sorry, I didn’t mean to interrupt you. So you voted on the one that has the two counts?
THE FOREPERSON: Yes.
THE COURT: Okay. And you’re just giving me the other one for what reason?
THE FOREPERSON: That we could not agree on.
THE COURT: Okay. But just for one count?
Update: Judge Nachmanoff has given the government two days to bitch. Comey has a reply due on his broader grand jury request on Thursday, so Comey might file early.
ORDERED that the Motion (ECF 195) is GRANTED IN PART; and it is further ORDERED that the government will file any objections to Judge Fitzpatrick’s Order by 5:00 p.m. on Wednesday, November 19, 2025. Thereafter, the defense will file any response to any objection by the government by 5:00 p.m. on Friday, November 21, 2025; and it is further ORDERED that Judge Fitzpatrick’s Order (ECF 193) is STAYED pending the resolution of any objections filed by the government, which this Court will consider on the papers as to James B. Comey Jr. Signed by District Judge Michael S. Nachmanoff on 11/17/2025.
There’s also a hearing on Comey’s vindictive and selective prosecution on Wednesday.





I’m sorry, but are you saying that the Grand Jury no-billed the first and only count presented to them, and IS Halligan then fabricated two other true-billed counts that the Grand Jury may never have seen? I only have to reach for clarification because of the incredible enormity of this if true
From my understanding, Halligan presented a three-count indictment. The GJ returned no true bill on the first count. By the GJ rules, she should have represented a two count indictment for them to vote on…and that’s where it gets murky, as the time needed to redraft and represent the separate two count indictment is a bit on the thin side, and nowhere is it documented that that is what she did.
I’ve found it hard to follow, but if I gather correctly, she argued three counts. The rejected the first. Instead of redrafting and representing 2 and 3 as 1 and 2, she just deleted 1, renumbered the others, and presented it to the court, correct? Like she just tried to take a shortcut?
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7 minutes is “a bit on the thin side,” to be sur!
US Magistrate Judge Fitzpatrick:
RE: GJ rules require Govt to re-present the 2-count proposed indictment
Can you please identify the Grand Jury rules that would require the Govt to re-present the 2-count proposed indictment? Can you please identify a court decision on that issue?
The docket indicates that the no-billed indictment included all three charges:
https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.3.0_8.pdf
That is an odd document, however, in that it has the handwritten addition “Count 1 only” (in black ink (where the rest of the handwriting is in blue).
So counts 2 & 3 were in the original indictment paperwork.
This is the situation leading to Marcy’s characterization above–a characterization with which the government evidently saw some merit since they then (apparently) prepared a second indictment with only two counts.
Are you saying that the insurance flyer fabricated the second document and presented that one to court because the grand jury wouldn’t bill the first count?
The judge reviewing the “indictments”:
“The one that says it’s a failure to concur in an indictment, it doesn’t say with respect to one count,” Vaala said. “It looks like they failed to concur across all three counts, so I’m a little confused as to why I was handed two things with the same case number that are inconsistent.”
Judge Fitzgerald, ordering all grand jury materials turned over to Comey:
At the return of the indictment, the government presented
both the first and second indictments to the magistrate judge. ECF 10. The first indictment
indicated that the grand jury failed to find probable cause as to any count. ECF 3, 10. The second
indictment indicated that the grand jury found probable cause as to two counts. ECF 1, 10. Both
indictments were fully executed by grand jury foreperson and the prosecutor. ECF 1, 3, 10
I’m more amused by the idea that there is secret evidence that the prosecution would use at trial without the defense knowing AND they’d get away with doing so because that’s exactly what Halligan told the grand jury. You can use your cat’s to power a Ouija Board and present that as evidence to a grand jury, so what did Halligan think existed that she couldn’t show a grand jury but could show at trial?
The privileged material they wanted to breach privilege to get.
Are they denying that there were two indictments? Or, are they confirming that there were two indictments?
The brief says that the government “believes the Magistrate Judge may have misinterpreted some facts…” The next sentence starts out with “For instance”. According to the normal construction of the English language, “For instance” would introduce the facts that they believe were misinterpreted. If you read it that way, they could be saying that there were two indictments, but the judge misinterpreted the significance of that fact. I don’t really think they meant it that way, even though that’s the most obvious interpretation to me.
Neither answer makes sense, in any case. Fitzpatrick is just going on what they’ve told him.
Maybe now they’ll claim FAUSA forged Halligan’s signature (the signatures ARE somewhat different). But if they do, then there’s no indictment.
forged by a real attorney though so they’re good…right for the wrong reason etc…
It appears Halligan is claiming the first and only presentment was sufficient, in that the GJ true-billed counts 2 and 3. She seems to have taken the position that she didn’t need to represent those two counts, but simply renumbered them, and persuaded the foreperson it was OK to sign the revised indictment.
If that’s what she did, the collapsed process fails to record actual events or their sequence, like much of Trump’s lawyering.
Prosecutors are making fun of the court when they suggest it “misinterpreted” facts. Prosecutors purposely fudged those facts in their statements to the court. Looks like contempt to me.
What appears to have happened, based on Marcy’s latest update, which neither the court nor the defense would know, had the court not taken the unusual step of interviewing the foreperson, is that Halligan presented only one indictment. The grand jury no-billed it, because it couldn’t agree on the first of three charges.
Rather than redo a two-page indictment and represent it to the grand jury for a vote, under the circumstances, a task that would take little time, Halligan chose to cut and paste the second and third charges and present them as part of a stand-alone indictment. Then she and the foreperson signed it. (Btw, Halligan’s loaner USAs are trying to shoehorn that rejected count into their prosecution anyway.)
As with everything about this case, it’s highly unusual, if not unprecedented. But only Halligan could have told the foreperson it was OK to process the paperwork that way. What are the odds that she was on the phone with someone at Main Justice, who gave her guidance about how to do everything the way she did?
So far at least, none of this is in the transcript of the GJ proceedings as discussed previously. It, the transcript, ended when the court reporter left at around 4:27. So if this was done as theorized would it count? IANAL
“the government believes the Magistrate Judge may have misinterpreted some facts he found when issuing the latest order to release the grand jury materials to the defendant. For instance… that two indictments were presented to the grand jury.”
Lindsey probably had to be somewhere at 5pm so they just copied and pasted and cobbled together a new indictment after the jurors wrapped up for the day.
Wasn’t this indictment done on (nearly) the last possible day before the SOL ran out? Perhaps, if they couldn’t get it done on this day, the next time the GJ reconvened would be too late and the SOL would have expired. It was now or never.
So who is the “they” the foreperson said “separated” it (the indictment)?
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I wonder how many mulligans Judge Fitzpatrick is willing to give (and Currie, etc.) on these indictments. The problem for IS Halligan is that she is facing very experienced prosecutors at the defense table who know what is supposed to be there, what is liable for subpoena, and the records that must be maintained. They know what is currently missing and what’s worse, they know where to dig for it so Halligan and the loaner USAs aren’t going to succeed in burying the evidence of their misconduct.
The fact they did this and tried to cover it up shows incompetent lawyering as well as something that could be construed as a criminal conspiracy. Either of these allegations is grounds to yank a Bar license. And, since Bondi expressly vouched for the information she’s at least a witness if not a co-conspirator. If Bondi is dragged in Convict-1 might be as well because of his social media posts.
Leonard Cohen wrote “Jesus was a sailor when he walked upon the water”. Halligan needed to be a lawyer when she got in over her head.
Also, from Leonard:
Everybody knows that the dice are loaded
Everybody rolls with their fingers crossed
Everybody knows the war is over
Everybody knows the good guys lost
Everybody knows the fight was fixed
The poor stay poor, the rich get rich
That’s how it goes
Everybody knows
The government needs more time to get their stories straight.
Not to just get their story straight.
I was involved as a surety company lawyer with a small contractor that had failed to pay their 941 taxes and the IRS was attempting to hold the CFO as a “Responsible Party.” This would mean that he’d be personally responsible for the unpaid taxes. He spun a story so fanciful that it might just as well have been midnight work fairies that were responsible for the non-payment. My attorney, a former DOJ tax attorney, turned to the CFO’s attorney and said “Your client needs a better story.”
The government needs a better story here.
Judge Costanza: Mr. Racine, the next time you come into my courtroom I hope you’ve got either a better defense, or a better class of client.
These folks at DOJ were dumb and likely fraudulent to start.
It is strategically insane to object to the Magistrate Judge’s order to provide the defense with the transcripts. From their standpoint, they have lost the Comey prosecution and have the James prosecution to come, as well as whatever other malfeasance has been assigned to the insurance lawyer. They are not abiding by the first rule of holes: stop digging.
Another set of partially/maybe true statements that contradict other statements may well extend the questions about the presumption of regularity to James’ case and perhaps others.
There is a secret grand jury meeting and it is transcribed. The Judge made conclusions. The idea that the government claims it can provide “context” means that the Judge did not have all the materials that he ordered.
#tu
I’m confused. I suspect I am not alone. If, as Halligan claims, she had no contact with the grand jury between 4;28 and 6:40, she must have given the amended indictment to the foreperson and got their signature on it between 6:40 and 6:47. Did she cut and paste the second indictment together in that short period or did she have it in her back pocket? And why the heck did she present both indictments to the magistrate?
(Missed the edit window)
Looking at Marcy’s posts on Bluesky she suggests that someone other than Halligan was in with the GJ without the court reporter present who gave them a revised indictment to approve. WTF? This seems… well outside the “presumption of regularity”. When if ever will any one of these fuckwits be cited for contempt or disbarred?
Is it possible that some sort of pressure was placed on the GJ foreperson so he would agree that there was a 2nd indictment presented in 7 minutes on the last 2 counts?
IANAL by any stretch of the imagination, but I don’t put anything past these people.
Is it possible that Halligan (or someone else from her team) communicated with the GJ foreperson (but not the whole GJ) after they were told about the no-true bill, and provided the 2-count indictment to the GJ foreperson for them to take back to re-vote.
The foreperson confirming to the Magistrate Judge that the GJ DID vote on the 2-count indictment seems to be important here. But it could also be that the foreperson did not understand the significance of the question (as we now see it), and was responding about the initial vote which had been to indict on 2 of the 3 counts.
Perhaps DOJ is taking some cues from Comey’s literal truth motion!
Yeah, that may be what happened.
Magistrate Fitz drops the big one:
https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.191.0.pdf
see: https://www.emptywheel.net/2025/11/17/the-11-fuck-ups-pam-bondis-doj-made-in-indicting-jim-comey/
Ooof!!
TY.
So LTIL presented one, 3 charge, no-billed indictment; then edited it to a 2 charge, tru-billed indictment. LTIL then got the Foreperson to agree shuffling all this paperwork around was just fine and she signed the edited indictment as well. Then LTIL and the rental AUSAs presented the transcripts to a court as if they were from a new GJ proceeding.
Did they edit out discussion of charge 1 of 3 in the transcripts and recordings?
Did all of the jurors know about this? Were they forced to stay until this was done? The other jurors should be questioned.
You’re right (or more checking with the foreperson). But it sounds to me anyway that they didn’t, and for expediency Hallligan merely “recycled” what the foreperson claimed about the preceding jury discussion.
Please correct me if wrong on any of this! But it’s not clear to me that prosecutors are required to mention no-billed counts in the indictment. And it’s also not clear to me that they are required to have a second presentation or to have audio recorded the foreperson signing the doc attesting to counts that were agreed to.
If that’s the case, then they made two errors:
1. Including AO 191 with what they gave the judge, I think it (along with AO 190) normally gets filed separately.
2. Using the 3-count indictment with the 2-count indictment signature page, when prosecutors intended to just file the 2-count indictment alone.
Combined with the Richman warrant and privilege issues, I think that’s still enough irregularity to justify letting the defense see the grand jury materials.
I too have questions of federal grand jury procedure – So if I were to present a 130 count indictment to a federal grand jury and they true bill 129 counts and no true bill 1, do I then need to go and redraft a second indictment with the same 129 counts and have all the grand jurors vote again on that ? What if their vote the second time is inconsistent with the first vote on the same counts ? What is a rookie US Attny to do ? thank you for any insights !
I also want to know the answer to this. Can someone explain that?
I also want to know what Mary Margaret (Maggie) Cleary, former AUSA-EDVA, knows about these events.
I think the Trump DOJ should henceforth be granted a presumption of irregularity.
Exactly! They deserve it.
I wish I had said: “The have EARNED it.”
From April:
What Happens When Courts Can’t Trust the Executive Branch? In the lower courts, the presumption of regularity is in free fall—if it hasn’t crashed already. https://www.lawfaremedia.org/article/what-happens-when-courts-can-t-trust-the-executive-branch Alan Z. Rozenshtein Thursday, April 10, 2025, 10:21 AM
From September and ongoing:
The “Presumption of Regularity” in Trump Administration Litigation https://www.justsecurity.org/120547/presumption-regularity-trump-administration-litigation/