Judge in Comey case scolds prosecutors as he orders them to produce
records from probe
[November 06, 2025]
By ERIC TUCKER
ALEXANDRIA, Va. (AP) — A federal judge on Wednesday ordered prosecutors
in the criminal case of former FBI Director James Comey to produce to
defense lawyers a trove of materials from the investigation, saying he
was concerned the Justice Department’s position had been to “indict
first" and investigate second.
U.S. Magistrate Judge William Fitzpatrick instructed prosecutors to
produce by the end of the day on Thursday grand jury materials and other
evidence that investigators seized during the investigation. The order
followed arguments in which Comey’s attorneys said they were at a
disadvantage because they had not been able to yet review information
that was collected years ago as part of an investigation into FBI media
leaks.
Comey, who attended the hearing but did not speak, is charged with lying
to Congress in 2020 in a case filed days after President Donald Trump
appeared to urge his attorney general to prosecute the former FBI
director and other perceived political enemies. Comey has pleaded not
guilty, and his lawyers have argued that it's a vindictive prosecution
brought at the direction of the Republican president and must be
dismissed.
Fitzpatrick raised his own concerns, telling lawyers on Wednesday, “The
procedural posture of this case is highly unusual.” He said it appeared
to him that the Justice Department had decided to “indict first” and
investigate later.
Comey's defense lawyers had already asked for a transcript of grand jury
proceedings, citing irregularities in the process and potential legal
and factual errors that they said could result in the dismissal of the
case.
Fitzpatrick on Wednesday ordered prosecutors to produce grand jury
materials and also directed them to give defense lawyers evidence seized
through search warrants in 2019 and 2020 from Daniel Richman, a Columbia
University law professor and close friend of Comey.
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Richman factors into the case because prosecutors say Comey had
encouraged him to engage with reporters about matters related to the
FBI and say Comey therefore lied to the Senate Judiciary Committee
five years ago when he denied having authorized media leaks. Comey’s
lawyers deny that he made a false statement and say the question he
responded to, from Republican Sen. Ted Cruz of Texas, was vague and
confusing and appeared to be centered not on Richman but rather a
different individual, former FBI Deputy Director Andrew McCabe.
Comey’s lawyers told the judge they had not been shown by the
government the materials taken from Richman, who had earlier served
as a lawyer for Comey, and thus could not know what information was
privileged and may have been improperly used as evidence.
“We’re going to fix that, and we’re going to fix that today,” the
judge said.
Comey's indictment came days after Trump in a social media post
called on Attorney General Pam Bondi to take action against Comey
and other longtime foes of the president. The indictment was brought
by Lindsey Halligan, a former White House aide and Trump lawyer who
was installed as U.S. attorney after the longtime prosecutor who had
been overseeing the investigation resigned under administration
pressure to indict Comey and New York Attorney General Letitia
James.
The Justice Department in court papers earlier this week defended
the president's social media post, contending it reflects
“legitimate prosecutorial motive” and is no basis to dismiss the
indictment.
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