Judge Slams ‘Indict 1st’ Approach in Comey Probe, Orders Evidence Release/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ A federal judge sharply criticized prosecutors in the criminal case against former FBI Director James Comey, ordering them to release key investigation records. The judge questioned the Justice Department’s “indict first, investigate later” approach. Comey’s defense argues the prosecution is politically motivated and lacks transparency.
Comey Case Developments Quick Looks
- Judge William Fitzpatrick criticized DOJ for “indict first, investigate later” tactics.
- Prosecutors must turn over grand jury materials and seized evidence by Thursday.
- Comey is charged with lying to Congress in 2020 about FBI media leaks.
- Defense claims political targeting after Trump urged prosecution on social media.
- Evidence includes materials seized from Comey’s friend and former lawyer, Daniel Richman.
- Comey’s team says they’ve been denied access to crucial, potentially privileged information.
- Judge called the case’s procedural handling “highly unusual.”
- Prosecution was led by a Trump-aligned U.S. attorney after internal DOJ resignations.
- DOJ defended Trump’s social media calls for prosecution as “legitimate.”
Deep Look: Judge Rebukes DOJ in Comey Case, Demands Transparency and Records
ALEXANDRIA, VA — In a striking courtroom moment, a federal judge on Wednesday chastised the Justice Department for its handling of the criminal case against former FBI Director James Comey, saying the prosecution appeared to follow an “indict first, investigate later” model that raised concerns about fairness and due process.
U.S. Magistrate Judge William Fitzpatrick ordered federal prosecutors to hand over key materials to Comey’s defense team, including grand jury transcripts and evidence seized years ago in connection with the government’s investigation into alleged FBI media leaks.
“The procedural posture of this case is highly unusual,” Fitzpatrick said from the bench. “We’re going to fix that, and we’re going to fix that today.”
Judge Orders Immediate Evidence Disclosure
Fitzpatrick directed the Justice Department to produce the requested materials by the end of the day Thursday, specifically citing content obtained through search warrants in 2019 and 2020 from Daniel Richman, a Columbia University law professor and longtime friend and former attorney for Comey.
Comey’s legal team argued that they were operating at a disadvantage, unable to review potentially privileged documents that could influence the outcome of the case — or even lead to its dismissal.
A Politically Charged Prosecution
Comey, who was present in court but did not speak, is facing charges of lying to Congress in 2020, stemming from statements he made about his role in authorizing media disclosures during his time as FBI Director. The indictment was filed days after then-President Donald Trump publicly urged Attorney General Pam Bondi to prosecute Comey and other perceived political enemies.
Comey has pleaded not guilty, and his attorneys have called the charges a vindictive, politically motivated prosecution.
“This case was clearly pushed forward under political pressure,” said one of Comey’s lawyers, who also noted the unusual timing of the indictment and the appointment of a Trump-aligned U.S. attorney, Lindsey Halligan, after the previous lead prosecutor resigned amid pressure from the administration.
Who Is Daniel Richman and Why Does He Matter?
Daniel Richman became a central figure in the case when prosecutors claimed Comey used him to relay sensitive FBI-related information to reporters. They allege this contradicts Comey’s sworn testimony to the Senate Judiciary Committee in 2020, when he denied authorizing leaks.
Comey’s defense insists he did not lie, pointing out that the question posed by Sen. Ted Cruz (R-TX) was vague and appeared to reference a different FBI official — former Deputy Director Andrew McCabe — rather than Richman.
Comey’s team further argues that materials seized from Richman may be protected by attorney-client privilege, and the DOJ has not demonstrated that it properly screened this content before using it as potential evidence.
Political Overtones and Social Media Influence
Adding to the controversy, prosecutors acknowledged in court that Trump’s social media posts — which called on the DOJ to take action against Comey — played a role in the timing of the indictment. Despite this, the Justice Department defended Trump’s comments, calling them a “legitimate prosecutorial motive” in recently filed court papers.
Comey’s attorneys are using these public posts to bolster their claim of political retribution and have asked the judge to consider dismissing the case on those grounds.
A Rare Judicial Reprimand
Judge Fitzpatrick’s remarks underscore a rare public rebuke of the Justice Department by the judiciary. The order to release grand jury materials — typically kept confidential — and other investigatory evidence marks a significant procedural shift in the case and may give Comey’s defense new ammunition.
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