() The grand jury that considered the indictment against ex-FBI Director James Comey at first rejected part of the proposed Justice Department indictment, a court filing shows. 

A document filed in the court docket is titled: “REPORT OF A GRAND JURY’S FAILURE TO CONCUR IN AN INDICTMENT.”

That document states, “As the foreperson of the grand jury of this court… I report that 12 or more grand jurors did not concur in finding an indictment in count 1 this case only.”

The document states this record was filed with the court clerk and “will not be made public unless the court orders otherwise.”

The U.S. District Court, therefore, must have ordered it to be made public. A legal expert told it was “extremely rare” for such a note to be filed.

It’s not clear exactly how many grand jurors disagreed with the first count. There are between 16 and 23 grand jurors at a session, and 12 must approve of an indictment.

The court filing shows one of the proposed three counts was dropped from the first draft indictment, compared to the one that was ultimately approved.

That count, detailing an exchange between Sen. Ted Cruz, R-Texas, and Comey during the 2020 Senate testimony, was in the original draft but not in final indictment.

The count not included in the final indictment was an accusation of making false statements within the jurisdiction of the legislative branch of the United States government.

“On or about September 30,2020, in the Eastern District of Virginia, the defendant, JAMES B. COMEY JR., did willfully and knowingly make a materially false, fictitious, and fraudulent statement in a matter within the jurisdiction of the legislative branch of the Government of the United States, by falsely stating to a U.S. Senator during a Senate Judiciary Committee hearing that he, JAMES B. COMEY JR., did not remember “being taught” of PERSON I’s “approval of a plan concerning” PERSON 2 and the 2016 U.S. Presidential election,” the document read.

“That statement and representation was false, because, as JAMES B. COMEY JR. then and there knew, he had in fact been provided information regarding PERSON Us approval of a plan concerning PERSON 2 and the 2016 U.S. Presidential election. All in violation of 18 U.S.C. § 1001(a)(2).”

Comey’s arraignment will be Oct. 9 at 10 am, according to a note in the docket.

‘s Andrew Fischer-Espitallier contributed to this report.