Magistrate Judge William Fitzpatrick ordered prosecutors to turn over grand jury transcripts and evidence seized in the investigation of former FBI Director James Comey, saying the Justice Department appeared to have "indict[ed] first" and investigate later. The materials include items seized in 2019–2020 from Columbia professor Daniel Richman. Comey, charged with lying to Congress in 2020, has pleaded not guilty and his lawyers argue the prosecution is politically motivated. The judge granted the defense’s request to review the records immediately to address privilege and fairness concerns.
Magistrate Scolds DOJ, Orders Turnover of Grand Jury Records in James Comey Case
Magistrate Judge William Fitzpatrick ordered prosecutors to turn over grand jury transcripts and evidence seized in the investigation of former FBI Director James Comey, saying the Justice Department appeared to have "indict[ed] first" and investigate later. The materials include items seized in 2019–2020 from Columbia professor Daniel Richman. Comey, charged with lying to Congress in 2020, has pleaded not guilty and his lawyers argue the prosecution is politically motivated. The judge granted the defense’s request to review the records immediately to address privilege and fairness concerns.
01:04, 06.11.2025Politics
Magistrate Scolds DOJ, Orders Turnover of Grand Jury Records in James Comey Case
Magistrate Judge William Fitzpatrick on Wednesday directed prosecutors in the criminal case against former FBI Director James Comey to provide defense attorneys with grand jury transcripts and other materials seized during the investigation, expressing concern that the Justice Department appeared to have adopted an "indict first, investigate later" approach.
The judge ordered prosecutors to produce the requested records by the end of the day Thursday. The materials include grand jury testimony and items taken under search warrants in 2019 and 2020 from Daniel Richman, a Columbia Law School professor who is a longtime friend and former lawyer for Comey.
Comey, who attended the hearing but did not speak, is charged with making false statements to Congress in 2020. He has pleaded not guilty. His legal team contends the prosecution is politically motivated and vindictive and has asked the court to dismiss the case.
Comey's attorneys told the court they remain at a disadvantage because they have not seen documents gathered years earlier in a probe of alleged FBI media leaks. They argued that reviewing grand jury transcripts and the seized materials is necessary to identify possible procedural irregularities and to determine whether privileged material was used improperly.
"The procedural posture of this case is highly unusual," Judge Fitzpatrick said, adding his concern that it appeared the Justice Department had decided to "indict first" and investigate later.
The judge granted the defense's request for grand jury transcripts and ordered immediate production of the seized evidence so attorneys can assess privilege claims and any prosecutorial missteps. "We're going to fix that, and we're going to fix that today," he told the courtroom.
The indictment was returned days after President Donald Trump posted on social media urging the attorney general to take action against Comey and other perceived political opponents. According to court filings, the case was brought by Lindsey Halligan, a former White House aide and Trump lawyer who assumed the U.S. attorney role after the prosecutor overseeing the investigation resigned amid pressure to pursue charges against Comey and New York Attorney General Letitia James.
In filings earlier this week the Justice Department defended the president’s social media post as reflecting a "legitimate prosecutorial motive," arguing it is not a basis to dismiss the indictment.