The federal indictment against former FBI Director James Comey could be in jeopardy after acting U.S. Attorney for the Eastern District of Virginia Lindsey Halligan conceded that the full grand jury had not reviewed the Justice Department’s case.

On September 25, Comey was indicted on two federal counts, one for making false statements while testifying before Congress and another for obstruction of justice.

The indictment alleges that Comey obstructed a congressional investigation into the disclosure of sensitive information in violation of 18 USC 1505. It also alleges that the former director made a false statement when he did not authorize someone at the FBI to serve as an “anonymous source” in order to leak classified materials to outlets like the New York Times.

Days before the indictment was announced, Trump announced that he would be appointing Halligan as the top prosecutor in the district, replacing interim attorney Erik Siebert, who resigned after refusing to pursue indictments against Comey and New York Attorney General Letitia James. Comey’s legal team has attempted to have the charges against their client dismissed, arguing that Halligan’s appointment was unlawful.

Lawyers for Comey have also argued that the case against their client is politically motivated and should be dismissed on grounds of vindictive prosecution.

During a hearing on Wednesday, Comey attorney Michael Dreeben opened by claiming that Trump’s “hate or animosity” toward Comey — stemming from the bogus Russian collusion investigation — led to “weaponizing” the criminal justice system against him. DOJ prosecutor Tyler Lemons countered that the charges were straightforward for lying to Congress, independent of Trump, and that the president’s posts merely reflected his belief in Comey’s guilt, not directives for prosecution.

A major development emerged when Halligan testified that the full grand jury never reviewed the final indictment against Comey. After the grand jury initially declined one count, Halligan presented a revised version only to the foreperson in a magistrate’s courtroom for signature.

Lemons countered by arguing that this does not constitute a new indictment. Dreeben seized on this, arguing it invalidates the entire case as “there is no indictment” and the statute of limitations on the lying charges has expired.

Following the conclusion of the hearing, Judge Michael Nachmanoff deemed the issue “too weighty,” postponed his ruling until at least Wednesday and ordered the DOJ to file a response by 5 p.m. Eastern Time.

Halligan, a former insurance attorney in Florida, has said that the charges against Comey “represent intentional, criminal acts and tremendous breaches of the public’s trust.”

“No one is above the law,” she told reporters after the indictment was announced.

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