A federal judge issued a warning to the Justice Department regarding potential evidence mismanagement in the criminal case against former FBI Director James Comey. Magistrate Judge William Fitzpatrick of the Eastern District of Virginia expressed concerns during a hearing that lasted less than an hour.
Judge’s Concerns Over Evidence Handling
Judge Fitzpatrick highlighted the urgency of the situation, stating, “We are in a bit of a feeling of indict first, investigate later.” This comment reflects the ongoing tensions surrounding the case, which has faced internal scrutiny from prosecutors and public claims about the politicization within the Justice Department.
Details of the Evidence Collection
The hearing addressed significant questions related to data collected under four search warrants executed in 2019 and 2020. Judge Fitzpatrick focused on the handling of this data as it could impact the case against Comey. He pressed prosecutor Tyler Lemons for clarifications regarding the available evidence and whether any confidential records, particularly those involving attorney-client communications, had been accessed improperly.
Background of the Case
Comey has been charged with providing a false statement to Congress in relation to a leak investigation. He has pleaded not guilty. During the hearing, Comey’s defense attorney raised concerns about potential violations of the former director’s constitutional rights. The defense argued they lacked sufficient information about what federal investigators had collected during the years of investigation.
Defense’s Request for Transparency
The defense requested judicial oversight to review any information gathered by the government during the leak probe. They aim to ensure that prosecutors do not exploit old warrants for information that could implicate Comey. Judge Fitzpatrick acknowledged the burden this places on the defense due to the volume of records they must review in a limited timeframe.
Next Steps for the Justice Department
- The Justice Department is required to submit detailed documentation by Thursday at 5 p.m.
- This includes information recovered from the electronic accounts of Daniel Richman, Comey’s friend and lawyer.
- All grand jury records and transcripts also need to be provided.
Judge Fitzpatrick noted the burden on the defense, saying, “The government has had this for five and a half years… this is an unfair burden.” Both Comey and U.S. Attorney for the Eastern District of Virginia, Lindsey Halligan, were present at the hearing but did not address the court.
