A US federal judge has indicated that "investigative missteps" and "government misconduct" may have compromised the Trump administration's criminal case against former FBI director James Comey.
Judicial Ruling
Judge William Fitzpatrick issued a 24-page opinion ordering the Department of Justice to release grand jury materials, including transcripts, evidence, and complete audio recordings of the proceedings, to Comey's defense team. The Department of Justice has appealed this order.
Judge Fitzpatrick identified at least two statements made by prosecutor Lindsey Halligan to grand jurors that he wrote "could be seen as 'fundamental misstatements of the law that could compromise the integrity of the grand jury process'". One statement specifically "suggests" that the grand jury "did not have to rely on only the record before them" and implied that "more evidence – perhaps better evidence" held by the government would be used at trial.
The judge described the order to grant access to grand jury materials as an "extraordinary remedy," stating it "is necessary to fully protect the rights of the accused" under these specific circumstances.
Case Background
James Comey, the former FBI chief, was dismissed by then-President Donald Trump during his first term. Comey had led an investigation into Russian election interference in the 2016 US presidential election.
In 2020, Comey was accused of providing false statements to lawmakers during a congressional hearing related to his Russian election interference investigation. He has pleaded not guilty to the charges, which include obstructing a congressional investigation.
Comey was charged in September, following a public call for his prosecution by then-President Trump. Lindsey Halligan was appointed as the lead prosecutor in the case, reportedly after other federal prosecutors had declined to pursue the case. Halligan secured an indictment three days after her appointment.
Comey's defense team has challenged both the legality of Halligan's appointment as interim US attorney – a process that bypassed congressional approval – and the manner in which she secured the indictment. Comey was formally charged in October in a federal court in Virginia.