Judge Temporarily Bars DOJ From Using Evidence Linked to James Comey Ally

Judge Temporarily Bars DOJ From Using Evidence Linked to James Comey Ally

A federal judge in Washington, D.C., has issued a narrow temporary restraining order preventing the Justice Department from using certain materials connected to Daniel Richman, a former attorney and ally of ex-FBI Director James Comey. The order preserves the status quo while the court reviews Richman’s Motion for Return of Property and awaits full briefing from the parties.

U.S. District Judge Colleen Kollar-Kotelly concluded that prompt action was necessary before the government filed a formal response. In her order the judge warned that the facts favor a temporary order to keep the disputed materials secure while the court evaluates whether prosecutors violated Richman’s Fourth Amendment rights.

"Richman is likely to succeed on the merits of his claim that the government has violated his Fourth Amendment right ... by retaining a complete copy of all files on his personal computer ... and searching that image without a warrant," the opinion states.

Richman, a law professor who previously advised Comey, sued after investigators copied material from his electronic devices during probes in 2019 and 2020. He argues that the government’s seizure and subsequent search of those files amounted to an unlawful search and retention of his property.

Judge Kollar-Kotelly ordered the DOJ to identify, segregate and secure the materials obtained from Richman’s devices, bar any access without court approval, and comply with the directive by noon on Monday. The temporary restraining order remains in effect through Dec. 12 unless the court acts sooner.

The disputed files had been used by prosecutors in an indictment that charged Comey with making false statements and obstructing Congress over his 2020 testimony about FBI officials providing information to news outlets. That original case was dismissed last month after another judge found lead prosecutor Lindsey Halligan had been unlawfully appointed. The Justice Department is weighing whether to seek a new indictment.

Reuters contributed to reporting on this matter.