Judge Flags Potential Flaws in James Comey Indictment Investigation

A federal judge has raised significant concerns regarding the Justice Department’s handling of evidence in the case against James Comey, the former FBI Director. This scrutiny could indicate potential flaws in Comey’s indictment.

Judge’s Findings on Investigative Missteps

Magistrate Judge William Fitzpatrick, from the Eastern District of Virginia, criticized the Department of Justice (DOJ) for what he described as a “disturbing pattern of profound investigative missteps.” These missteps potentially compromised the integrity of the grand jury proceedings against Comey.

Implications for the Indictment

Fitzpatrick’s opinion suggests that Comey’s defense team could mount a more vigorous challenge to the indictment. The judge pointed out that procedural and substantive irregularities may rise to government misconduct, adversely affecting Comey’s rights.

• The judge highlighted that the DOJ used evidence collected from Comey’s former friend and lawyer, Daniel Richman.
• This evidence stemmed from an earlier leak investigation that did not lead to charges.
• Importantly, the DOJ accessed this evidence without obtaining a new court-approved search warrant.

Issues with Evidence Collection

Fitzpatrick criticized the DOJ for failing to separate confidential attorney-client communications when Comey was charged in late September. He noted that this lack of diligence violated fundamental Fourth Amendment rights.

The judge stated, “This cavalier attitude towards the Fourth Amendment left the government unchecked to rummage through all of the information seized.” He emphasized that such behavior undermines the trust in legal proceedings.

Defense Team’s Access to Records

Comey’s legal team is expected to receive critical grand jury records that will clarify the proceedings surrounding his indictment. Fitzpatrick affirmed that these materials are essential for a fair defense, outweighing concerns over grand jury secrecy.

Timing of Grand Jury Deliberations

Fitzpatrick also questioned the timing of the grand jury deliberations and noted the absence of a transcript for a two-hour period, which could affect the legitimacy of the indictment.

He stated, “If the prosecutor is mistaken about the timing of the grand jury’s vote, then the court is in uncharted legal territory,” suggesting that this might raise further challenges about how the indictment was obtained.

Next Steps for Comey’s Defense

Comey’s team can formally request the court to dismiss the charges due to the issues surrounding Halligan’s statements and the FBI’s use of potentially tainted evidence. The case, which alleges that Comey lied to Congress in 2020 regarding his interactions with Richman, is set to go to trial shortly after New Year’s Day.

Additionally, a separate ruling will determine whether Halligan had the authority to secure the indictment against Comey, raising further questions about the prosecution’s credibility.