A federal judge sharply criticized prosecutors Wednesday in the criminal case against former FBI Director James Comey, ordering them to hand over key evidence to the defense and questioning whether the Justice Department had chosen to “indict first” and investigate later.
According to The Associated Press, Magistrate Judge William Fitzpatrick directed prosecutors to provide by Thursday all grand jury materials and evidence seized during the years-long investigation. The ruling followed arguments from Comey’s defense team, who said they had been denied access to critical information collected during an earlier probe into FBI media leaks.
Comey, who attended the hearing but did not speak, faces charges of lying to Congress in 2020. The indictment came just days after President Donald Trump publicly urged his attorney general to prosecute the former FBI director and other perceived political opponents.
Comey has pleaded not guilty and says the case is a politically motivated prosecution driven by Trump.
“The procedural posture of this case is highly unusual,” Fitzpatrick told lawyers in court. He added that it appeared the Justice Department had opted to “indict first” and investigate later.
Comey’s lawyers had also requested transcripts of grand jury proceedings, citing possible errors in the process. The judge granted that request and ordered prosecutors to release evidence seized in 2019 and 2020 from Daniel Richman, a Columbia University law professor and longtime friend of Comey.
Prosecutors allege that Comey directed Richman to speak with reporters about FBI matters, then lied to the Senate Judiciary Committee when he denied authorizing leaks. Comey’s team argues that he was responding to a specific question about whether he had authorized former Deputy Director Andrew McCabe to serve as an anonymous source.
Comey’s attorneys told the court they had not reviewed the seized materials, which could include privileged communications between Comey and Richman.
“We’re going to fix that, and we’re going to fix that today,” Fitzpatrick said.
Comey’s indictment followed a social media post by Trump urging Attorney General Pam Bondi to “take action” against him and others.
The case was brought by U.S. Attorney Lindsey Halligan, a former Trump lawyer and White House aide, after her predecessor resigned under reported pressure from the administration to indict Comey and New York Attorney General Letitia James.
In court filings this week, the Justice Department defended Trump’s post as a “legitimate prosecutorial motive” and argued it was not grounds to dismiss the case.
