DOJ Tells Court It May Renew Criminal Case Against James Comey Amid Evidence Dispute

The Justice Department told a federal court it intends to continue pursuing a criminal case against former FBI Director James Comey, saying a lawsuit by his friend and former lawyer, Dan Richman, should not be allowed to block evidence the government may need.

Background

Federal investigators originally obtained material tied to Comey and Richman years ago — using warrants to seize data from Richman’s iCloud account, digital devices and his Columbia University work email. That earlier probe, which looked into a possible national security leak, did not result in charges at the time.

How the Evidence Reemerged

This older material resurfaced in the Comey matter when prosecutors revisited Richman’s files to try to show a grand jury that Comey approved Richman speaking to the media in 2020 — conduct prosecutors say Comey lied about when he testified to Congress five years ago. Comey pleaded not guilty to the charge of lying to Congress.

Court Rulings and Legal Fight

A judge dismissed the earlier indictment against Comey shortly before Thanksgiving after finding the interim U.S. attorney who signed the indictment, Lindsey Halligan, had been serving in that role unlawfully. Separately, a federal judge in Washington, D.C., temporarily barred the Justice Department from using the evidence obtained from Richman, a move that likely stalls any immediate effort to re-indict Comey until the dispute over the materials is resolved.

The Justice Department has described the matter in filings as both a “pending criminal investigation” and a “potential federal criminal prosecution,” and argued that Richman’s lawsuit is effectively a collateral motion aimed at preventing the government from using his property as evidence in a separate criminal proceeding.

Prosecutors' Position

Prosecutors told the court that Richman should not be able to permanently block use of his files — arguing any challenge to the evidence should not foreclose a renewed indictment or the government’s ability to investigate. The department also continues to list Lindsey Halligan on recent filings as the U.S. Attorney for the Eastern District of Virginia, a stance that has contributed to turmoil in that office since the ruling that removed her.

Defense And Judicial Reviews

Before the dismissal of the initial indictment, Comey’s defense team and a judge in Alexandria, Virginia, reviewed grand jury materials and found indications that some evidence may have been accessed without proper court authorization and thus was not lawfully cleared for use in this year’s Comey investigation. Those findings gave Richman new grounds to assert constitutional protections against unlawful search and seizure.

The dispute over whether the Richman materials can be used will determine whether prosecutors can return to a grand jury and attempt to revive the case against Comey. The court fight is ongoing.