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Tag: Michael Flynn

  • Lindsey Halligan is already making mistakes prosecuting James Comey

    Lindsey Halligan’s debut as a federal prosecutor has drawn close scrutiny after a series of early errors surfaced in court filings related to the indictment of former FBI Director James Comey.

    Halligan, previously known as a private attorney and one of Donald Trump’s personal lawyers, assumed the role of U.S. Attorney only recently and has never prosecuted a case before.

    Newsweek contacted the DOJ for comment via email outside of normal office hours on Monday.

    Why It Matters

    The missteps go beyond clerical slips: they test the strength and fairness of the government’s case and the credibility of the Justice Department itself.

    Procedural errors can delay or weaken a prosecution, giving defense lawyers leverage to argue overreach. They also risk reinforcing criticism that this politically charged indictment—announced soon after Donald Trump publicly urged charges against political opponents—is more about pressure than law.

    How Halligan recovers from these mistakes could shape not just the outcome of the Comey case but public trust in the department’s independence and competence.

    What To Know

    Problems in Halligan’s initial filings, including duplicate case numbers and clerical errors such as misspellings in official documents have been flagged.

    A widely shared social media post on X noted she “doesn’t know the difference between a bedrock principle and a bedrock ‘principal’.”

    The difference between the two is about word meaning—and in legal writing, it’s important:

    • Principle (with “le” at the end) means a fundamental truth, rule, or concept.
      Example: “Due process is a bedrock principle of American law.”
    • Principal (with “al” at the end) means a leader or main person (like a school principal) or can mean “main” or “primary.”
      Example: “The principal reason for dismissal was lack of evidence.”

    So “bedrock principle” is correct when you mean a foundational idea or standard. “Bedrock principal” would incorrectly suggest a foundational person or primary figure, which doesn’t make sense in legal filings.

    While U.S. Magistrate Judge Vaala was also described on X September 28, 2025, as “trying to untangle Lindsey Halligan’s first adventure in indicting someone.”

    Some social media commentary veered into personal territory—mentioning Halligan’s past role as Donald Trump’s lawyer—but the concerns raised publicly are framed around prosecutorial competence and case management.

    Questions about Halligan’s preparedness intensified when The Washington Post reported she “presented the Comey indictment all by herself to the grand jury,” citing people familiar with the matter.

    Legal Debate Over The Charges

    The case accuses Comey of misleading investigators about authorizing leaks during his tenure at the FBI.

    The prosecution’s path will not be straightforward. To convict under 18 U.S.C. §1001(a) (2), prosecutors must prove the statements were false, that Comey knew they were false when made, and that they were material to the Senate Judiciary Committee’s inquiry. Proving intent—showing deliberate deception rather than mistake or faulty memory—has historically been difficult with senior officials and complex testimony.

    And the legal theory behind the indictment is contested, including by some who have criticized Comey previously.

    Fox News legal analyst and former federal prosecutor Andrew McCarthy said on Maria Bartiromo’s Wall Street that the charges appear weak. “Well, I don’t think there’s a case,” McCarthy told Bartiromo on September 26.

    He said the indictment seems “premised on something that’s not true, which is that [Andrew] McCabe said that Comey authorized him to leak to the Wall Street Journal. … McCabe said that he directed the leak, and he told Comey about it after the fact. So, it’s true that Comey never authorized it in the sense of OK’ing it before it happened. So, I don’t see how they can make that case.”

    McCarthy also noted: “If you were talking about the information that was provided to the FISA court … that’s not what this case is about,” underscoring that the indictment focuses narrowly on a single disclosure.

    Not The First DOJ Misstep — But Unusual At This Level

    Filing mistakes are not unheard of in federal litigation, but they rarely surface repeatedly in a high-profile case led by a U.S. Attorney.

    In 2017, the Justice Department briefly misspelled then–acting Attorney General Sally Yates’s name in a filing, and in 2020 a DOJ motion in the Michael Flynn case cited the wrong date for a judge’s order; both were corrected quickly and drew little attention.

    Halligan, 36, the newly installed U.S. Attorney for the Eastern District of Virginia—one of the most consequential federal prosecutorial offices in the country—spent most of her career in Florida insurance litigation before joining Trump’s legal team during the Mar-a-Lago documents investigation.

    Court records indicate she has participated in only three federal cases prior to this appointment.

    What stands out with Halligan’s early work is the combination of multiple procedural errors—including duplicate case numbers and the “principle/principal” slip — and her lack of prior prosecutorial experience while serving in one of the department’s most senior roles.

    What People Are Saying

    Carol Leonnig and Vaughn Hillyard added September 26, on X that “Lindsey Halligan, the newly installed U.S. Attorney who has never prosecuted a case, presented the Comey indictment all by herself to the grand jury … She may have a problem finding a prosecutor in office to work on the case.”

    What Happens Next

    The case now moves into pretrial motions, where Comey’s lawyers will challenge the charges and cite early filing errors. Halligan can correct those mistakes and may add experienced prosecutors, though support is uncertain.

    If the case survives, discovery will test the evidence that Comey authorized leaks as political scrutiny grows. Judges often allow technical fixes, but repeated missteps could damage the prosecution’s credibility and shape views of Halligan’s leadership.

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  • Today in History: December 1, Ukraine chooses independence

    Today in History: December 1, Ukraine chooses independence

    Today in History

    Today is Thursday, Dec. 1, the 335th day of 2022. There are 30 days left in the year.

    Today’s Highlight in History:

    On Dec. 1, 1991, Ukrainians voted overwhelmingly for independence from the Soviet Union.

    On this date:

    In 1824, the presidential election was turned over to the U.S. House of Representatives when a deadlock developed among John Quincy Adams, Andrew Jackson, William H. Crawford and Henry Clay. (Adams ended up the winner.)

    In 1862, President Abraham Lincoln sent his Second Annual Message to Congress, in which he called for the abolition of slavery, and went on to say, “Fellow-citizens, we can not escape history. We of this Congress and this Administration will be remembered in spite of ourselves.”

    In 1941, Japan’s Emperor Hirohito approved waging war against the United States, Britain and the Netherlands after his government rejected U.S. demands contained in the Hull Note.

    In 1942, during World War II, nationwide gasoline rationing went into effect in the United States; the goal was not so much to save on gas, but to conserve rubber that was desperately needed for the war effort by reducing the use of tires.

    In 1952, the New York Daily News ran a front-page story on Christine Jorgensen’s sex-reassignment surgery with the headline, “Ex-GI Becomes Blonde Beauty”.

    In 1955, Rosa Parks, a Black seamstress, was arrested after refusing to give up her seat to a white man on a Montgomery, Alabama, city bus; the incident sparked a year-long boycott of the buses by Blacks.

    In 1965, an airlift of refugees from Cuba to the United States began in which thousands of Cubans were allowed to leave their homeland.

    In 1969, the U.S. government held its first draft lottery since World War II.

    In 1974, TWA Flight 514, a Washington-bound Boeing 727, crashed in Virginia after being diverted from National Airport to Dulles International Airport; all 92 people on board were killed. Northwest Orient Airlines Flight 6231, a Boeing 727, crashed near Stony Point, New York, with the loss of its three crew members (the plane had been chartered to pick up the Baltimore Colts football team in Buffalo, New York).

    In 2005, a roadside bomb killed 10 U.S. Marines near Fallujah, Iraq.

    In 2009, President Barack Obama ordered 30,000 more U.S. troops into the war in Afghanistan but promised during a speech to cadets at the U.S. Military Academy at West Point to begin withdrawals in 18 months.

    In 2020, disputing President Donald Trump’s persistent, baseless claims, Attorney General William Barr told The Associated Press that the U.S. Justice Department had uncovered no evidence of widespread voter fraud that could change the outcome of the 2020 election. Trump filed a lawsuit in Wisconsin seeking to disqualify more than 221,000 ballots in a longshot attempt to overturn Democrat Joe Biden’s win in the battleground state.

    Ten years ago: Kansas City Chiefs linebacker Jovan Belcher fatally shot his girlfriend, Kasandra Perkins, then drove to Arrowhead Stadium and took his own life in front of the team’s coach and general manager. Enrique Pena Nieto took the oath of office as Mexico’s new president, vowing to restore peace and security.

    Five years ago: Retired general Michael Flynn, who served as President Donald Trump’s first national security adviser, pleaded guilty to lying to the FBI about reaching out to the Russians on Trump’s behalf. (Flynn would be pardoned by Trump after twice pleading guilty to lying to the FBI.)

    One year ago: As the Supreme Court heard arguments on a challenge to a Mississippi law banning abortion after 15 weeks of pregnancy, members of the court’s conservative majority signaled that they would allow states to ban abortion much earlier in pregnancy and possibly even overturn the nationwide right that had existed for nearly 50 years. (In June 2022, the court would use the Mississippi case to overturn its Roe v. Wade decision and remove women’s constitutional protections for abortion.) The U.S. recorded its first confirmed case of the omicron variant of the coronavirus, in a vaccinated traveler who returned to California after a trip to South Africa.

    Today’s Birthdays: Actor-director Woody Allen is 87. World Golf Hall of Famer Lee Trevino is 83. Singer Dianne Lennon (The Lennon Sisters) is 83. Television producer David Salzman is 79. Rock singer-musician Eric Bloom (Blue Oyster Cult) is 78. Rock musician John Densmore (The Doors) is 78. Actor-singer Bette Midler is 77. Singer Gilbert O’Sullivan is 76. Former child actor Keith Thibodeaux (TV: “I Love Lucy”) is 72. Actor Treat Williams is 71. Sen. Rick Scott, R-Fla., is 70. Country singer Kim Richey is 66. Actor Charlene Tilton is 64. Actor-model Carol Alt is 62. Actor Jeremy Northam is 61. Actor Katherine LaNasa is 56. Producer-director Andrew Adamson is 56. Actor Nestor Carbonell is 55. Actor Golden Brooks is 52. Actor-comedian Sarah Silverman is 52. Actor Ron Melendez is 50. Contemporary Christian singer Bart Millard (MIL’-urd) is 50. Actor-writer-producer David Hornsby is 47. Singer Sarah Masen is 47. Rock musician Brad Delson (Linkin Park) is 45. Actor Nate Torrence is 45. Rock/Christian music singer-songwriter Mat Kearney is 44. Actor Riz Ahmed (Film: “Rogue One: A Star Wars Story”) is 40. Actor Charles Michael Davis is 38. Actor Ilfenesh Hadera is 37. R&B singer-actor Janelle Monae is 37. Actor Ashley Monique Clark is 34. Pop-rock-rap singer Tyler Joseph (Twenty One Pilots) is 34. Actor Zoe Kravitz is 34. Pop singer Nico Sereba (Nico & Vinz) is 32. Actor Jackson Nicoll is 19.

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  • Flynn, Gingrich testimony sought in Georgia election probe

    Flynn, Gingrich testimony sought in Georgia election probe

    ATLANTA (AP) — The Georgia prosecutor investigating whether then-President Donald Trump and others illegally tried to interfere in the 2020 election filed paperwork Friday seeking to compel testimony from a new batch of Trump allies, including former U.S. House Speaker Newt Gingrich and former national security adviser Michael Flynn.

    Fulton County District Attorney Fani Willis filed petitions in court seeking to have Gingrich and Flynn, as well as former White House lawyer Eric Herschmann and others, testify next month before a special grand jury that’s been seated to aid her investigation.

    They join a string of other high-profile Trump allies and advisers who have been called to testify in the probe. Rudy Giuliani, the former New York mayor and Trump attorney who’s been told he could face criminal charges in the probe, testified in August. Attorneys John Eastman and Kenneth Chesebro have also appeared before the panel. U.S. Sen. Lindsey Graham’s attempt to fight his subpoena is pending in a federal appeals court. And paperwork has been filed seeking testimony from others, including former White House chief of staff Mark Meadows.

    Flynn didn’t immediately respond to email and phone messages seeking comment, and his lawyer also didn’t immediately return an email seeking comment. Gingrich referred questions to his attorney, who declined to comment. Herschmann could not immediately be reached.

    Willis has said she plans to take a monthlong break from public activity in the case leading up to the November midterm election, which is one month from Saturday.

    Each of the petitions filed Friday seeks to have the potential witnesses appear in November after the election. But the process for securing testimony from out-of-state witnesses sometimes takes a while, so it appears Willis is putting the wheels in motion for activity to resume after her self-imposed pause.

    Compelling testimony from witnesses who don’t live in Georgia requires Willis to use a process that involves getting judges in the states where they live to order them to appear. The petitions she filed Friday are essentially precursors to subpoenas.

    Fulton County Superior Court Judge Robert McBurney, who’s overseeing the special grand jury, signed off on the petitions, certifying that each person whose testimony is sought is a “necessary and material” witness for the investigation.

    The petition for Gingrich’s testimony relies on “information made publicly available” by the U.S. House committee that’s investigating the Jan. 6, 2021, attack on the U.S. Capitol.

    It says he was involved along with others associated with the Trump campaign in a plan to run television ads that “repeated and relied upon false claims about fraud in the 2020 election” and encouraged members of the public to contact state officials to push them to challenge and overturn the election results based on those claims.

    Gingrich was also involved in a plan to have Republican fake electors sign certificates falsely stating that Trump had won the state and that they were the state’s official electors even though Democrat Joe Biden had won, the petition says.

    The petition seeking Flynn’s testimony says he appeared in an interview on conservative cable news channel Newsmax and said Trump “could take military capabilities” and place them in swing states and “basically re-run an election in each of those states.”

    He also met with Trump, attorney Sidney Powell and others at the White House on Dec. 18, 2020, for a meeting that, according to news reports, “focused on topics including invoking martial law, seizing voting machines, and appointing Powell as special counsel to investigate the 2020 election,” Willis wrote.

    Willis in August filed a petition seeking testimony from Powell.

    Herschmann, who featured prominently in the House committee hearings on the Capitol attack, was a senior adviser to Trump from August 2020 through the end of his term and “was present for multiple meetings between former President Trump and others related to the 2020 election,” Willis wrote in the petition seeking his testimony.

    She wrote that the House committee also revealed that Herschmann had “multiple conversations” with Eastman, Giuliani, Powell “and others known to be associated with the Trump Campaign, related to their efforts to influence the results of the November 2020 elections in Georgia and elsewhere.” Specifically, he had a “heated conversation” with Eastman “concerning efforts in Georgia,” she added.

    Willis also filed petitions Friday to compel testimony from Jim Penrose and Stephen Cliffgard Lee.

    She identified Penrose as “a cyber investigations, operations and forensics consultant” who worked with Powell and others known to be associated with the Trump campaign in late 2020 and early 2021.

    He also communicated with Powell and others regarding an agreement to hire data solutions firm SullivanStrickler to copy data and software from voting system equipment in Coffee County, about 200 miles southeast of Atlanta, as well as in Michigan and Nevada, Willis wrote. Penrose did not immediately respond to an email and phone message seeking comment.

    Willis wrote in a petition seeking Lee’s testimony that he was part of an effort to pressure elections worker Ruby Freeman, who was the subject of false claims about election fraud in Fulton County. He could not immediately be reached for comment.

    Special grand juries are impaneled in Georgia to investigate complex cases with large numbers of witnesses and potential logistical concerns. They can compel evidence and subpoena witnesses for questioning and, unlike regular grand juries, can also subpoena the target of an investigation to appear before it.

    When its investigation is complete, the special grand jury issues a final report and can recommend action. It’s then up to the district attorney to decide whether to ask a regular grand jury for an indictment.

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