Judge Orders Full Grand‑Jury Materials Turned Over to James Comey, Rebukes DOJ for 'Profound Investigative Missteps'

Judge Orders Full Grand‑Jury Materials Turned Over to James Comey

Washington — A federal magistrate judge on Monday ordered prosecutors to provide former FBI Director James Comey's defense team with all grand‑jury materials, including transcripts and audio recordings, sharply criticizing the Justice Department for what he described as a "disturbing pattern of profound investigative missteps."

U.S. Magistrate Judge William Fitzpatrick granted Comey's request to review the grand‑jury record after personally reviewing the materials and concluding that procedural irregularities and potential government misconduct could have tainted the proceedings. The materials relate to an indictment charging Comey with two counts tied to his Sept. 2020 testimony to the Senate Judiciary Committee; Comey has pleaded not guilty to both counts.

"The record points to a disturbing pattern of profound investigative missteps ... that led an FBI agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding," Fitzpatrick wrote, calling the relief an "extraordinary remedy" to protect Comey's rights.

Fitzpatrick identified several concerns that informed his decision. He said portions of evidence used to present the case to the grand jury were seized years earlier from Daniel Richman, a Columbia law professor and friend of Comey, in a separate 2019–2020 probe that had since been closed. The judge found those materials were central to the prosecutor's presentation despite having been obtained in an earlier investigation.

The judge also flagged statements by Lindsey Halligan, the interim U.S. attorney for the Eastern District of Virginia, that "on their face appear to be fundamental misstatements of the law" and that could have influenced jurors. Although parts of the opinion are redacted, Fitzpatrick said one comment suggested Comey lacks a constitutional right not to testify at trial; another implied the grand jury could rely on evidence beyond the record presented to them.

Fitzpatrick further criticized the handling of potentially privileged material. He wrote that government agents apparently reviewed and used information seized from Richman that may have fallen outside the scope of the original warrants, and that agents who had seen potentially privileged material nonetheless participated in grand‑jury testimony. The judge called permitting a case agent exposed to potentially privileged information to testify before the grand jury "highly irregular" and a "radical departure from past DOJ practice."

Prosecutors have asked a district court to stay Fitzpatrick's order while they seek review, arguing disclosure of grand‑jury materials is not warranted and suggesting the magistrate may have misinterpreted some facts. The U.S. Attorney's Office for the Eastern District of Virginia and the Justice Department declined to comment.

Context and next steps

The judge's findings deepen legal challenges facing the prosecution. Comey and New York Attorney General Letitia James — who was separately indicted in the same district and also pleaded not guilty — have contested Halligan's appointment as interim U.S. attorney as unconstitutional. A South Carolina judge recently heard arguments on that issue and said a ruling would follow soon.

Court filings show Comey's defense is seeking dismissal of the indictment on multiple grounds, including alleged grand‑jury irregularities and claims the prosecution was selective and vindictive. The defense will next argue those dismissal claims in court this week.

This decision is unusual because grand‑jury materials are normally sealed, and Fitzpatrick emphasized that disclosure is rare. He concluded that, given the potential for government misconduct and the procedural flaws he identified, granting Comey's team full access was necessary to protect the defendant's rights.