A judge from the federal court in the US states that “investigative errors” and “government impropriety” may have compromised the criminal case against ex-FBI director James Comey during the Trump administration.
In a 24-page ruling, Judge William Fitzpatrick mandated that attorneys from the justice department disclose grand jury documents, including transcripts and evidence, to Comey’s legal team. The justice department has contested this order.
Comey faced charges in September following President Donald Trump’s request for his prosecution and the appointment of a new federal prosecutor to lead the case.
Having long been a target of Trump’s displeasure, Comey has entered a plea of not guilty to the allegations, which involve obstructing a congressional investigation.
The former head of the FBI was dismissed by Trump during his initial term after Comey conducted an inquiry into Russian interference in the 2016 US presidential election. Since that time, Comey has often been in Trump’s crosshairs.
Comey was accused of misleading lawmakers during a congressional testimony in 2020 regarding his investigation of Russian election interference.
After various federal prosecutors reportedly chose not to pursue charges against Comey due to insufficient evidence, Trump appointed Lindsey Halligan as the chief prosecutor for the case. She obtained an indictment three days later.
In the US legal system, an indictment is an official charge brought by a grand jury—a panel of citizens reviewing evidence—to decide whether a case should move forward.
Comey was officially charged in October in a federal court in Virginia, where he pleaded not guilty.
His defence team has contested not only the validity of Halligan’s swift appointment as interim US attorney, a method by which she bypassed congressional consent, but also lodged motions regarding the manner in which she obtained the indictment against Comey.
On Monday, Judge Fitzpatrick indicated that he discerned at least two remarks made by Halligan to the grand jurors that could be interpreted as “fundamental misstatements of the law that might undermine the integrity of the grand jury process”.
One of Halligan’s statements, the judge remarked, “implies” that the grand jury “was not restricted to only the evidence presented to them”, and that there was “additional evidence – possibly stronger evidence” that the government possessed which would be utilized at trial.
By granting Comey’s legal team access to all grand jury documentation, Judge Fitzpatrick has additionally instructed the justice department to deliver complete audio recordings of the sessions.
“The court acknowledges that this is an exceptional remedy,” said Judge Fitzpatrick.
He further stated: “Given these extraordinary circumstances, it is essential to fully safeguard the rights of the defendant.”
