Federal Judge Blocks Justice Department from Accessing Evidence in Comey Case
A federal judge in Washington, D.C., has issued a temporary restriction on the Justice Department’s access to certain evidence linked to associates of former FBI Director James Comey. This decision comes as the government seeks to reopen the prosecution of Comey after his criminal case was previously dismissed.
U.S. District Judge Colleen Koller Kotelly indicated that the Justice Department might be unable to utilize information concerning Daniel Richman.
In her ruling, the judge explained, “After considering appellant Daniel Richman’s motion for a temporary restraining order, the pertinent legal authorities, and the overall current record, the court finds that appellant Richman deserves a limited temporary restraining order to preserve the status quo while the court reviews the motion for property restitution and awaits full arguments from involved parties.”
The ruling emphasized that the situation warranted a swift and temporary order to maintain conditions before the government submits its response.
Richman, a law professor and former attorney for Comey, filed a lawsuit claiming that his Fourth Amendment rights were violated when prosecutors seized data from his electronic devices during inquiries in 2019 and 2020.
The judge noted, “Defendant Richman is likely to prevail in his claim that the government infringed upon his Fourth Amendment rights by retaining full copies of files from his personal computer and examining their images without a warrant.”
Koller-Kotely directed the Justice Department to “identify, isolate, and secure” materials from Richman’s devices and prohibited access without court permission, requiring compliance by noon Monday.
Prosecutors had relied on these files to charge Comey with making false statements and obstructing Congress regarding his 2020 testimony about an FBI agent leaking anonymous information to the media.
Additionally, the indictment accuses Richman, a former FBI special agent, of having communicated with journalists concerning the investigation of 2016 presidential candidate Hillary Clinton, who lost to Donald Trump in that election.
This ruling remains in effect until December 12 or until further legal developments occur. The decision arrives as the Justice Department deliberates over a potential new indictment against Comey, following the dismissal of the previous case last month, which was attributed to the illegal appointment of lead prosecutor Lindsay Harrigan.
