A federal magistrate judge has ordered prosecutors in the criminal case against former FBI Director James Comey to immediately produce a “trove of materials” seized during the investigation, voicing serious concern that the Justice Department (DOJ) may have proceeded with an “indict first and investigate later” approach.
Magistrate Judge William Fitzpatrick’s ruling on Wednesday instructed the DOJ to produce grand jury materials and other seized evidence by the end of the day Thursday. The order followed arguments from Comey’s attorneys, who claimed they were at a disadvantage because they had not been able to review evidence, including communications gathered years ago.
“We’re going to fix that, and we’re going to fix that today,” the judge stated, addressing the defense’s lack of access to materials taken from Comey’s close associate, Daniel Richman.
Comey is charged with lying to Congress in 2020 when he denied authorizing “someone else at the FBI to be an anonymous source in news reports” regarding an investigation into Hillary Clinton. His lawyers maintain he was only responding to a question about former FBI Deputy Director Andrew McCabe.
Comey has pleaded not guilty, and his defense team is pushing for dismissal, arguing the case represents a vindictive prosecution brought at the direction of the Republican president.
The materials at the center of the dispute—communications seized from Richman, a Columbia University law professor and former “Special Government Employee” at the FBI—shed light on the media contact prosecutors allege Comey encouraged.
Previously released emails and texts in a recent DOJ filing reveal Comey actively nudged Richman to speak with reporters, even praising his work as an anonymous source.
- On November 2, 2016, after Richman apparently served as an anonymous source for a New York Times story detailing Comey’s options regarding the Clinton email discovery, Comey emailed his friend: “Well done my friend. Who knew this would. E so uh fun [sp].”
- The correspondence also shows Richman acting as a media intermediary, including directing a reporter to seek “clearance for me to talk as anon source” from Comey regarding an interaction with President Trump in May 2017.
Federal prosecutors recently argued that this correspondence demonstrates Richman “corresponded extensively with members of the media regarding or on behalf of the defendant, including in an anonymous capacity,” and that Comey should not be allowed to “escape accountability for lying to and obstructing Congress under oath.”
However, the judge’s latest order suggests the court’s immediate focus is on ensuring the prosecution followed proper procedures in obtaining and disclosing that evidence. Comey’s lawyers noted they could not know what information was privileged without reviewing the seized communications.
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