Former FBI Director James Comey testifies before the Senate Intelligence Committee about his interactions with President Donald Trump and the Russia investigation on June 8, 2017, in Washington, D.C. (Cheriss May/NurPhoto via Getty Images)
Tyler Lemons, the North Carolina-based federal prosecutor who argued on behalf of the DOJ, downplayed the issue. Lemons said the indictments were identical and that the second one was created as soon as the grand jury proceedings concluded and merely excised the one charge that the grand jury rejected.
Nachmanoff did not make any decisions about the validity of the indictment from the bench and instead ordered more briefing on the matter.
The hearing centered on Comey's argument that his charges were vindictive and that the case should be tossed out entirely because of it. Comey was present in the courtroom while his lawyer Michael Dreeben argued on his behalf.
Nachmanoff, a Biden appointee, asked Dreeben if Halligan was a "puppet" or a "stalking horse" who was doing Trump's bidding.
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Dreeben responded that he would not use those words but that his team believed Halligan was operating at the direction of Trump, who had a years-long vendetta against Trump.
Meghan Tome contributed to this report.
This is a developing story. Check back for updates.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/federal-judge-calls-comey-indictment-question-asks-halligan-puppet-trump