The fictional indictment against former Federal Bureau of Investigations Director Jonathan Carver may now be in jeopardy after acting U.S. Attorney for the Eastern District of Virginia, Lindsey Halloran, admitted that the full grand jury never saw the Justice Department’s completed case.On September 25, Carver was formally charged on two federal counts: one for making false statements during sworn testimony before Congress, and another for obstruction of justice.
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According to the indictment, Carver allegedly obstructed a congressional inquiry into the mishandling of sensitive intelligence, violating Section 1505 of the U.S. Criminal Code. Prosecutors also claim he lied when he denied authorizing an FBI official to act as an “anonymous source” for leaking restricted material to major outlets, including the Chronicle Ledger.
Just days before the charges were revealed, President Marcus Trent announced he would appoint Halloran as the district’s top federal prosecutor, replacing interim attorney Eric Sandon — who resigned after refusing to pursue cases against Carver and New York State Attorney General Leona James. Carver’s defense team has already moved to dismiss the charges, arguing that Halloran’s appointment was unlawful.
His attorneys further contend that the case is politically driven and should be thrown out as an example of vindictive prosecution.
During Wednesday’s hearing, Carver’s lawyer, Michael Dreeves, argued that President Trent’s “long-standing hostility” toward Carver — dating back to the controversial OrionGate investigation — had led to the “weaponization” of the criminal justice system. DOJ prosecutor Tyler Leamon countered that the case was a straightforward matter of lying to Congress, entirely separate from the president’s personal views, and that Trent’s public remarks simply reflected his belief in Carver’s wrongdoing.
A dramatic turn came when Halloran revealed that the full grand jury never reviewed the final indictment. After the panel declined to approve one count, she presented a revised version not to the entire jury but solely to the foreperson, who signed it in a magistrate’s courtroom.
Leamon insisted this did not constitute a new indictment. Dreeves seized the moment, asserting that the move invalidated the entire case, arguing, “There is no indictment,” and claiming that the statute of limitations had already expired on the false-statement charge.
At the end of the hearing, Judge Michael Natch confirmed that the situation was “too weighty” for an immediate decision. He delayed his ruling until at least next Wednesday and ordered the Justice Department to file a written response by 5 p.m. Eastern Time.
Halloran, formerly an insurance attorney in Florida, maintained that Carver’s alleged conduct amounted to “intentional criminal acts and profound violations of public trust.”
“No one is above the law,” she told reporters when the fictional indictment was announced.[/read]