A federal magistrate judge rebuked Justice Department prosecutors Wednesday for an "indict first, investigate later" strategy in the criminal case against former FBI Director James Comey, ordering immediate disclosure of all seized evidence and grand jury records.
U.S. Magistrate Judge William Fitzpatrick, handling pretrial discovery disputes in the Eastern District of Virginia, demanded the materials by 5 p.m. Thursday.
"We’re going to fix that, and we’re going to fix that today," Fitzpatrick said after learning Comey’s defense team had never reviewed communications seized from associate Daniel Richman.
The records stem from four 2019-2020 search warrants targeting Richman, a Columbia University law professor, former FBI special government employee and onetime Comey attorney.
Prosecutors halted review days before the September indictment upon spotting potential attorney-client privilege.
Assistant U.S. Attorney Tyler Lemons told Fitzpatrick the files remain "isolated on a desk in FBI headquarters."
"We’re not going to touch this evidence until the court approves it," Lemons said.
Comey faces two counts of lying to Congress in 2020 about authorizing media leaks on the Trump-Russia and Hillary Clinton probes.
He pleaded not guilty last month.
U.S. District Judge Michael Nachmanoff, the presiding trial judge, has set jury selection for Jan. 5 and pledged an expedited schedule.
The indictment originated from President Trump’s September order to Attorney General Pam Bondi to prosecute political adversaries, including Comey, New York Attorney General Letitia James and former national security adviser John Bolton—all now indicted.
Trump installed his ex-personal lawyer Lindsey Halligan as U.S. attorney for the district; she alone secured the charges without career prosecutors.
Comey’s lead attorney, former federal prosecutor Patrick Fitzgerald, argues the case is vindictive.
DOJ countered Monday that Trump’s Truth Social post calling Comey "guilty as hell" does not prove retribution.
Fitzpatrick warned prosecutors against using privileged material "at their own risk," noting any violation could doom the case.
He also ordered full grand jury transcripts turned over simultaneously.
Separate from Fitzpatrick’s discovery role, U.S. District Judge Cameron Currie is reviewing Halligan’s grand jury appearance to determine if her appointment was lawful—a decision that could invalidate the indictment. Nachmanoff referred that issue to Currie to avoid bias.
Comey attended the 50-minute hearing silently with his wife and son-in-law, former prosecutor Troy Edwards Jr.
The courtroom drew few onlookers, unlike his arraignment.
Defense attorneys say they lack security clearances for classified evidence and face an "unfair burden" reviewing five-year-old files on a compressed timeline.
The Deep State poster boy now stares down a jury, courtesy of a president who finally weaponized the DOJ the left always claimed he would.
While swamp defenders wail about politicized justice, real Americans see accountability — one leaked memo, one perjured oath, one rushed indictment at a time.
Conversation