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The interim U.S. attorney Lindsey Halligan, novice prosecutor that she is, is at it again. Another major screw up that probably kills her in not one but two different courtrooms. She has suddenly filed seven minutes of a grand jury transcript that she told another federal judge, Judge Curry didn't exist. Now she's filing it in Judge Nachmanoff's courtroom because when Judge Nachmanoff asked her questions in the last 24 hours, she effectively either lied to the judge, couldn't remember or recall and is now trying to fix it with a grand jury transcript about whether the entirety of the grand jury against the former FBI director James Comey saw the actual indictment that was signed by the four person or not. She can't even get the basics straight. And then she filed a seven minute grand jury transcript. I thought I was watching something about Mary's seven minute abs. And in the seven minute grand jury transcript she thinks it helps her. But for me it waives any argument by the Department of Justice to stop the grand jury transcripts in their entirety from going to the defense. You can't use them as a sword and a shield, as we like to say in the law. So you got that problem. And then when I matched up the grand jury transcript that she did supply Judge Nachmanoff for seven minutes with an earlier sworn statement that she made to Judge Curry, she's in big trouble. And I found it. I'm going to report it to you right here. I'm Midas Touch networking on Legal AF on Michael Popak. Take a minute, hit the free subscribe button here on Midas. Come over to Legal AF and a YouTube channel and help us crack the 1 million subscriber barrier. We, we hope to do it by Thanksgiving. Let's get into Lindsey Halligan and what's going on with her inability to do her job properly. She is woefully incompetent and it shows in every one of her filings is it begs the question, is no one who is competent in the Department of Justice like a Todd Blanch? The number two, are they reviewing anything that she's doing, any procedure that she's employing? I don't think so. So the other day I reported that during a hearing in front of Judge Nachmanoff, he called Lindsey Halligan up to the podium. He said, your counsel of record, you're signing everything as the U.S. attorney, you could be heard by the court. So what happened with the why are there two indictments and what happened to them? And she had to admit along with Tyler Lemons, her other novice U.S. attorney that were in the room that and this is on the record, she's sworn, she's an officer of the court that the jury never saw the second indictment because there were two of them. Because she's terrible. In which it only had two counts. The original indictment that she had under her arm when she went into the grand jury on September 25th had three counts. The grand jury appealed, purportedly only returned a true bill on two. But we can't figure that out. Somebody cut and pasted and edited like a grand jury coordinator or something and then had the 4 person alone but without the other 13 that would have approved the indictment. A sign off on the indictment. So the entirety of the grand jury that voted to indict never saw the document that we now call the indictment. We knew there was something wrong cuz we had the reporting back in September that the magistrate judge in charge of the grand jury proceedings. And why do I have two pieces of paper, both signed by Lindsey Halligan and both signed by the four person, one with two counts and one says that they have not reached a true bill and one with three counts and Halligan at the time said I don't know because I, I only signed one. Well, we got the transcript now and it's even worse for Lindsey Halligan. But let's just hold this, this, this point here. Halligan in the last 24 hours tells the federal judge, Judge Nachmanoff, that the grand jury never saw the entirety of the indictment before it was signed by the foreperson. That's a big, that's a big problem for the indictment surviving. And Tyler Lemons, who's her novice prosecutor handling the case day to day, admitted the same. They then decided they needed to clean that up. So miraculously, a seven minute transcript, grand jury transcript right here, which we will post in substack, appeared and got filed. And what they tried to say is that this clears up everything, that this demonstrates that, that the grand jury return a true bill on two counts. I don't think so. I also think this is a problem. Let's start with the fact that they found the, the 6:47pm till 6:54pm transcript. The magistrate judge already questioned what happened to the gap. Why is there a two hour gap between the end of the presentation and the, and the deliberation? And Lindsey Halligan said well I wasn't, I didn't have any more interaction with the grand jury at any other time and during their deliberation, that's not true because after the deliberation, she and the foreperson came into court and here is the transcript of that proceeding. So already she's in big trouble with Judge Curry about whether she should remain as the U.S. attorney. Here's what she said in what she filed on 14 November to Judge Curry. She said at the November 13 hearing, Judge Cameron Curry expressed concern regarding an alleged gap in the grand jury record, referring specifically to the period beginning at approximately 4:28 when the transcript reflects that I, Lindsey Halligan, and the court reporter exited the grand jury. The judge says the entirety from the end of that till the indictment was returned. Where's the transcript? And Halligan has the balls to tell the judge there is no transcript. When she filed on the 14th, she said, I submit this declaration to clarify that and to confirm that the grand jury transcript accurately reflects the full extent of my appearance before the grand jury and to explain that the period in question consists solely of the grand jury's private deliberations. I presented the case and she says there was no additional presentation, interaction or discussion with the grand jury outside of what is reflected in the transcript. That's a lie. Look at what. Look at the 647 to 654 transcript. This is part of the missing transcript that Judge Curry wanted in her courtroom. She also questioned how could Pam Bondi have ratified as the Department of Justice Attorney General the actions of Lindsey Halligan if she didn't have access to the transcript that's now miraculously appeared. Big problems for Lindsey Halligan. At first, the clues don't seem connected. A bill here, a fee there. 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And the judge says, I got a problem. I got two pieces of paper. The. They're both signed by Lindsey Halligan. They're both signed by you. They both can't be the indictment, which is it? So you already have a problem. So she calls up Halligan on page four of the transcript and she said, who's here for the government this evening, Ms. Halligan? Lindsey Halligan. Notice she doesn't say interim U.S. attorney Lindsay Halligan. Lindsay Halligan. Like she just came off the street. Okay, please come to the podium, please. So this has never happened before, the magistrate judge says, and she's handled thousands of these. I've been handed two documents that are in the Mr. Comey case that are inconsistent with one another. There seems to be a discrepancy. They're both signed by the foreperson, the one that says it's a failure to concur in an indictment. It doesn't say with respect to one count. 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. We're all waiting for the answer, Ms. Halligan. 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 built and I signed that one, I did not see the other one. I don't know where that came from. Let's stop right there. She had a three count indictment. She doesn't know where that came from. That's what she presented to the grand jury. They rejected the three count indictment. They then cut and pasted and created a two count Indictment outside the presence of the full grand jury and had the four person sign it. That's the problem. Lindsey, the court said you didn't see it. I didn't see that one. That's already a lie. It's already a lie. Or just gross negligence on the behalf, on behalf of Lindsey Halligan. She, she, her, her, her procedure, her people hand in to the judge through the court deputy two documents and she doesn't know where the one came from. Ms. Halligan. No, no, no. I prepared the three counts. Oh, so now she flip flops and says I prepared the larger indictment. I only signed the one though with the two count. I don't know which one with three counts you have in your hand. Court says okay, it has your signature on it. Stop right there. She signed both. She signed both. The one that was not apparently true build because it was rejected by the grand jury because they didn't agree on count one and she signed the one that is the actual indictment. It's not a clerical error. It's a fundamental error in procedure related to the grand jury. Then Ms. Halligan when she's told that both have her signature on it, including the one that she says she never saw, says okay, well the court says, so I think to clean up the record here, what needs to happen, madam four person. And then they go through the order of operation since you provided this court, this is what the court says in the bottom of page six to Ms. Halligan with respect to this case. Ms. Halligan, since you've provided to this court, I assume you intend to make it public. So both of the indictments will go on the docket. I just want to make sure that you understand that and that is your intention. Okay, understood. All right, we're adjourned. This doesn't help her. First of all, as I said, it's completely inconsistent with the declaration under oath that she filed with Judge Curry. It's completely inconsistent with what she told Judge Nachmanoff that had happened on the fly. But she can't remember and she's even confused inside of the September 25th hearing for just seven minutes. And on top of that filing, just a few spoon fed pages of the of this now disclosed grand jury transcript is a waiver as far as I'm concerned, by the government. Now the cuz they're fighting over whether the grand jury transcript and its entirety should be turned over to the defense. James Comey just filed his final brief saying that we got a lot of problems. First of all, Judge Fitzpatrick, the magistrate judge already said that he reviewed the grand jury transcript and that Lindsey Halligan committed two fundamental errors of constitutional law in making her presentation to the grand jury, let alone the evidence that she left out, let alone the misstatement of evidence that she did in order to get the grand jury to agree she violated the fifth Amendment right of James Comey, suggesting to the grand jury that he needed to testify and in violation of his right against self incrimination, and also effectively said that the burden was on the defense, not on the prosecution to prove the case. Look, I don't see how Judge Nakhmonoff doesn't turn over the grand jury transcript as recommended by the magistrate judge immediately to the defense. He's considering whether to dismiss the indictment for vindictive prosecution for sure. But he also will ultimately have to decide if he agrees. If he if he keeps the prosecution alive. He has to determine whether the indictment survives or whether it should be dismissed for these constitutional infirmities, while Judge Curry has to decide whether Lindsey Halligan lives or dies as a federal prosecutor at all. Fast moving case. You're going to want to be on Legal AF for all of the updates, including Legal AF substack where I post all of these filings so that you can read them for yourself. Glad you're here. We're going to crash through that 1 million subscriber barrier for legal AF. So we're the home of all things law and politics. Come over and be a part of that. We're probably going to break it just after Thanksgiving with your help. So until my next report, I'm Michael Popak. Can't get your fill of Legal af. Me neither. That's why we formed the Legal AF substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument over to the substack, you'll find the court filing and the oral argument there, including a daily roundup that I do called Wait for it Morning af. What else? All the other contributors from Legal AO are there as well. We got some new reporting, we got interviews, we got ad free versions of the podcast and hot takes where Legal AF on Substack. Come over now to free subscribe.
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This episode provides a detailed legal analysis of the Department of Justice’s recent missteps in the prosecution involving former FBI Director James Comey. Michael Popok dissects a controversial and, by his account, self-sabotaging filing by interim U.S. Attorney Lindsey Halligan, who submitted a brief, seven-minute segment of a grand jury transcript—but only after having previously testified that no such transcript existed. This move, according to Popok, casts doubt on the entire case, raises issues of prosecutorial misconduct, and could ultimately favor the defense dramatically.
Main Issue: Lindsey Halligan, acting as interim U.S. attorney, filed a seven-minute portion of a grand jury transcript in Judge Nachmanoff’s court after previously telling Judge Curry that such a transcript didn’t exist (02:29).
Core Incompetence: Halligan’s misstatements and apparent confusion over basic procedures—including how the indictment was handled with the grand jury—exposed significant procedural weaknesses in the government’s case.
“She has suddenly filed seven minutes of a grand jury transcript that she told another federal judge, Judge Curry didn’t exist… She can’t even get the basics straight.”
—Michael Popok (02:29)
Sword and Shield Problem: By disclosing part of the grand jury record, DOJ may no longer argue to withhold the entirety from the defense—potentially opening up the full transcript to scrutiny.
Transcript Discrepancy: The submitted transcript covers a narrow timeframe (6:47pm to 6:54pm), leaving an unexplained two-hour gap between the end of the presentation to the grand jury and their deliberation (04:55).
Halligan’s (Changing) Story: Halligan declared under oath that there was no additional interaction with the grand jury during the gap—a statement directly contradicted by the newly produced transcript.
“At the November 13 hearing, Judge Cameron Curry expressed concern regarding an alleged gap in the grand jury record… Halligan has the balls to tell the judge there is no transcript. When she filed on the 14th, she said...there was no additional presentation, interaction or discussion…”
—Michael Popok (06:10)
Implication: Filing the missing transcript segment appears remedial—and could be seen as a tacit admission of earlier misstatements or even misconduct.
Two Indictments, One Mess: There are two indictments in the record, both signed by Halligan and the foreperson: one with two counts (presumably the “true bill”) and one with three counts (never properly approved by the grand jury).
Sloppy or Deceptive? Halligan’s explanations about the origins and authenticity of the indictments are contradictory and unconvincing.
“She had a three count indictment. She doesn’t know where that came from. That’s what she presented to the grand jury. They rejected the three count indictment. They then cut and pasted and created a two count Indictment outside the presence of the full grand jury and had the four person sign it. That’s the problem.”
—Michael Popok (10:45)
Judges’ Concerns: Judges Curry and Nachmanoff have both raised concerns about these procedural deficiencies—specifically, about the inconsistent filings and missing transcripts.
Potential Sanctions: Halligan faces possible removal as U.S. attorney, and her office’s errors may lead to dismissal of the Comey indictment.
Constitutional Concerns: A magistrate judge had already found two major constitutional errors in Halligan’s presentation to the grand jury:
“She violated the Fifth Amendment right of James Comey, suggesting to the grand jury that he needed to testify…and…said that the burden was on the defense, not on the prosecution…”
—Michael Popok (15:15)
What’s Next: Judge Nachmanoff may order the full grand jury transcript released to Comey's defense; dismissal of the indictment for vindictive prosecution or unconstitutional handling is possible.
On DOJ Using the Grand Jury Transcript as a "Sword and Shield":
“You can’t use them as a sword and a shield, as we like to say in the law.”
—Michael Popok (03:40)
On the Gravity of Halligan’s Mistakes:
“She is woefully incompetent and it shows in every one of her filings… is no one who is competent in the Department of Justice… reviewing anything that she’s doing, any procedure that she’s employing? I don’t think so.”
—Michael Popok (03:00)
On the Two Indictments:
“They’re both signed by Lindsey Halligan. They’re both signed by the foreperson. They both can’t be the indictment, which is it? So you already have a problem.”
—Michael Popok (11:50)
On the Possible Outcome:
“Look, I don’t see how Judge Nakhmonoff doesn’t turn over the grand jury transcript as recommended by the magistrate judge immediately to the defense. He’s considering whether to dismiss the indictment for vindictive prosecution for sure.”
—Michael Popok (15:25)
| Timestamp | Segment | |---------------|----------------------------------------------------------------------------------------------| | 02:29 | Summary of Lindsey Halligan’s grand jury transcript error | | 04:55 | Discussion of the two-hour gap in grand jury proceedings | | 06:10 | Halligan’s sworn statements about the missing transcript | | 10:45 | Discrepancy between two indictments; procedural failures dissected | | 11:50 | Quote on both indictments being signed by Halligan and the foreperson | | 13:40 | Court’s instructions and Halligan’s confused responses | | 15:05 | Constitutional errors: Fifth Amendment, burden of proof, and impact on the prosecution’s case | | 15:25 | Analysis of possible judicial remedies: transcript release, indictment dismissal |
Popok paints a picture of an unraveling federal case, driven by incompetence, misstatement, and panic filings from the DOJ’s own team. The implication is that the defense (James Comey) is now in a strong position to argue for access to the entire grand jury transcript—and possibly to have the indictment dismissed outright for procedural and constitutional violations. The episode ends with a call for listeners to keep abreast of this rapidly evolving case via Legal AF’s platforms, promising timely updates and document access.
Throughout, Popok is direct, critical, and somewhat incredulous at the DOJ’s handling—using accessible language, legal analogies, and a conversational style that mixes legal jargon with plain talk and occasional humor.