Judge Hands Over Grand Jury Material to James Comey's Defense Team Amid Criticism of Justice Department's Handling of Case
A federal magistrate judge has ordered the US Justice Department to turn over all grand jury material related to former FBI Director James Comey's case, citing a "disturbing pattern" of government misconduct. The decision comes as a harsh critique of the department's handling of the case, with Judge William Fitzpatrick accusing prosecutors of "indicting first and investigating second."
The judge's 24-page decision highlights concerns over the Justice Department's actions, including the presentation of potentially privileged information to grand jurors and the mishandling of seized materials. The materials at issue were seized by the FBI in 2019 and 2020 as part of a separate investigation into Daniel Richman, a friend of Comey who worked as his private attorney.
Fitzpatrick found that Lindsey Halligan, the interim US Attorney in the Eastern District of Virginia, made two statements to grand jurors that appear to be "fundamental misstatements of the law" and could compromise the integrity of the grand jury process. The judge also accused the Justice Department of violating its own obligations by allowing an FBI agent who had potentially been exposed to privileged information to testify before the grand jury.
The case against Comey stems from allegations that he made false statements during a September 2020 hearing with Congress, which led to his indictment on two charges. The former FBI director has pleaded not guilty and is seeking to have the indictment dismissed due to alleged irregularities in the grand jury proceedings.
Fitzpatrick's decision grants an "extraordinary remedy" to fully protect Comey's legal rights and allows him access to all grand jury material, including transcripts and evidence presented to the grand jury. The judge recognized that such a step is warranted due to concerns over government misconduct potentially tainting the grand jury proceedings.
The Justice Department has refused to comment on the decision, while prosecutors have asked the district court to freeze the order directing them to turn over the grand jury materials. However, Fitzpatrick's ruling marks a significant setback for the department, which has been criticized for its handling of high-profile cases under the Trump administration.
As the case continues to unfold, Comey's attorneys are set to argue in court that the indictment against him was "vindictive and selective" and should be dismissed on those grounds. The judge overseeing that argument is expected to make a ruling next week.
A federal magistrate judge has ordered the US Justice Department to turn over all grand jury material related to former FBI Director James Comey's case, citing a "disturbing pattern" of government misconduct. The decision comes as a harsh critique of the department's handling of the case, with Judge William Fitzpatrick accusing prosecutors of "indicting first and investigating second."
The judge's 24-page decision highlights concerns over the Justice Department's actions, including the presentation of potentially privileged information to grand jurors and the mishandling of seized materials. The materials at issue were seized by the FBI in 2019 and 2020 as part of a separate investigation into Daniel Richman, a friend of Comey who worked as his private attorney.
Fitzpatrick found that Lindsey Halligan, the interim US Attorney in the Eastern District of Virginia, made two statements to grand jurors that appear to be "fundamental misstatements of the law" and could compromise the integrity of the grand jury process. The judge also accused the Justice Department of violating its own obligations by allowing an FBI agent who had potentially been exposed to privileged information to testify before the grand jury.
The case against Comey stems from allegations that he made false statements during a September 2020 hearing with Congress, which led to his indictment on two charges. The former FBI director has pleaded not guilty and is seeking to have the indictment dismissed due to alleged irregularities in the grand jury proceedings.
Fitzpatrick's decision grants an "extraordinary remedy" to fully protect Comey's legal rights and allows him access to all grand jury material, including transcripts and evidence presented to the grand jury. The judge recognized that such a step is warranted due to concerns over government misconduct potentially tainting the grand jury proceedings.
The Justice Department has refused to comment on the decision, while prosecutors have asked the district court to freeze the order directing them to turn over the grand jury materials. However, Fitzpatrick's ruling marks a significant setback for the department, which has been criticized for its handling of high-profile cases under the Trump administration.
As the case continues to unfold, Comey's attorneys are set to argue in court that the indictment against him was "vindictive and selective" and should be dismissed on those grounds. The judge overseeing that argument is expected to make a ruling next week.