U.S. Attorney for the Eastern District of Virginia Lindsey Halligan said Wednesday that the full grand jury never saw the final indictment of former FBI Director James Comey.

Halligan's admission came during a court hearing on Wednesday in which Comey is seeking the dismissal of a Justice Department case against him, CNN reported.

DOJ prosecutors said that instead of presenting a new indictment to the grand jury after it declined to approve one of the counts against Comey, just brought an altered version to the magistrate’s courtroom for the grand jury’s foreperson to sign

“The new indictment wasn’t a new indictment,” said DOJ prosecutor Tyler Lemom, trying to justify the fact that it was only reviewed by the foreperson.

U.S. District Judge Michael Nachmanoff, a Biden appointee, quickly called Halligan, who was the only prosecutor to present the case to the grand jury, to the lectern, asking her to confirm that the entire grand jury was never presented with the altered indictment.

Nachmanoff started, “Am I correct -”

“No, you’re not,” Halligan interrupted, adding that there was one additional grand juror in the magistrate’s courtroom and quoted her back-and-forth with that judge.

“I’m familiar with the transcript,” Nachmanoff said, before telling her to sit down.

Nachmanoff directed the DOJ to respond in a filing by 5 p.m. ET on Wednesday to the revelation that Halligan hadn’t presented the charges that Comey is facing to the full grand jury for approval.

Comey was charged in September with obstruction of justice and making a false statement to Congress in 2020. He has pleaded not guilty to both charges and challenged the legitimacy of the case under U.S. Attorney for the Eastern District of Virginia Lindsey Halligan.

Comey’s lawyers argue that their client is facing a “selective and vindictive” prosecution by the Trump administration, NBC News reported. They believe the Trump administration has him out because of his protected speech and Trump’s “personal animus” toward Comey, after he fired the FBI director in 2017 over the Russia collusion investigation.

“The Constitution forbids the government from prosecuting an individual based on his protected speech or based on a government official’s animus toward the individual,” Comey's attorneys wrote in filings. “Objective evidence establishes that President Trump directed the prosecution of Mr. Comey in retaliation for Mr. Comey’s public criticisms and to punish Mr. Comey because of personal spite.”

Comey's lawyers have asked Nachmanoff to dismiss the case with prejudice, which prevents the case from being brought again.

Lemons began his argument during the court hearing on Wednesday by saying that Comey was charged simply for lying to Congress.

“He was not indicted at the direction of the president of the United States,” Lemons said.

He added that a grand jury properly handed up the indictment of Comey.

“We’ll have some questions about that,” Nachmanoff said.

A magistrate judge has raised potential issues with how the DOJ's case against Comey was presented to the grand jury, and Comey’s lawyers are seeking all transcripts in the proceedings.