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Comey Associate Sues to Block Use of Seized Evidence as DOJ Weighs New Indictment

05:58 AM, 12/03/2025
Comey Associate Sues to Block Use of Seized Evidence as DOJ Weighs New Indictment

Daniel Richman, a former attorney to James Comey, sued to block prosecutors from using material seized from his devices in a 2019–2020 FBI probe, arguing the searches violated the Fourth Amendment. A magistrate judge found prosecutors may have mishandled the seized material and reexamined it without a new warrant. Prosecutors used the material in charges later dismissed against Comey after a judge ruled the lead prosecutor had been unlawfully appointed. Richman seeks deletion or return of the files and a ban on their future use, which could complicate any DOJ effort to reindict Comey.

Daniel Richman, a law professor and former attorney to ex-FBI Director James Comey, has filed suit asking a federal judge to prohibit prosecutors from using material seized from his electronic devices during a separate FBI probe in 2019–2020. Richman argues the searches violated his Fourth Amendment protections and requests that the files be deleted or returned and barred from future use in any investigation or prosecution.

Why this matters

Prosecutors relied on material taken from Richman when they charged Comey with making false statements and obstructing Congress — allegations that were later dismissed after a judge found the lead prosecutor in those cases had been unlawfully appointed. The Justice Department is reportedly considering whether to seek a new indictment, and Richman’s suit could complicate any renewed effort by restricting access to key evidence.

Court findings and procedural issues

U.S. Magistrate Judge William Fitzpatrick previously concluded prosecutors may have mishandled material seized from Richman during an earlier inquiry into possible disclosures of classified information. According to the judge’s finding, prosecutors reexamined that material this year as part of the separate Comey investigation without obtaining a new warrant. Prosecutors challenged Fitzpatrick’s ruling before the Comey case was dismissed on other grounds.

Richman’s request: an order directing the government to delete or return seized material and to bar any further use of evidence he says was improperly seized or retained.

Richman’s litigation represents one of several legal obstacles the Justice Department could face if it attempts to refile charges against Comey. A Justice Department spokesperson has not publicly commented on the lawsuit.

Reported by Andrew Goudsward.

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