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Judge Criticizes Justice Department for “Indict First, Investigate Later” Approach

A federal judge has raised concerns about the Justice Department’s approach in the prosecution of former FBI Director James Comey. The judge criticized the department’s “indict first, investigate later” strategy, emphasizing the need for thoroughness in legal proceedings.

Judge’s Criticism of Justice Department

Magistrate Judge William Fitzpatrick, presiding in Alexandria, Virginia, ordered the Justice Department to provide all grand jury evidence to Comey’s defense team. This directive reflects the judge’s apprehension concerning how federal prosecutors have managed the case.

Details of the Indictment

Last month, Comey was indicted amid pressure from President Trump on Attorney General Pam Bondi. He faces charges of making false statements and obstruction of justice related to testimony he provided nearly five years ago. This testimony involved allegations of unauthorized leaks during his time as FBI director.

  • Charges: One count of making false statements.
  • Obstruction of Justice: Related to Senate testimony on leaks.

Implications of the Case

The indictment alleges that Comey misled lawmakers regarding his knowledge of an FBI source who shared information with the media. This source, Daniel Richman, is a friend of Comey and a law professor at Columbia University.

Richman’s involvement did not emerge during the Senate hearings that resulted in the charges against Comey. Fitzpatrick’s order also highlighted issues regarding the evidence collected in the previous “Arctic Haze” investigation, which aimed to uncover how classified FBI details reached the media.

Access to Evidence

Comey’s attorneys claim that several warrants were executed on Richman as part of the Arctic Haze investigation. However, Comey’s legal team has yet to gain access to this crucial evidence, which includes numerous electronic records.

  • Types of Evidence:
    • Hard drives
    • Phone records
    • Email records

During Wednesday’s hearing, Comey did not speak. Assistant U.S. Attorney Nathaniel Lemons, representing the prosecution, stated that the relevant materials are currently secured and awaiting a court-approved plan for examination.

Concerns Over Legal Process

Judge Fitzpatrick instructed the Justice Department to refrain from reviewing the evidence until challenges to privilege claims are addressed. He asserted that Comey’s team is entitled to access this information promptly.

Rebekah Donaleski, one of Comey’s attorneys, expressed serious concerns regarding the Justice Department’s management of the evidence, suggesting possible constitutional violations. Patrick Fitzgerald, another attorney for Comey, noted delays in accessing classified information due to security clearance issues.

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