In a sharply worded ruling Monday, U.S. Magistrate Judge William Fitzpatrick criticized Justice Department prosecutors for serious procedural failings in the criminal case against former FBI Director James Comey. Fitzpatrick said the DOJ appeared to have adopted an “indict first, investigate second” strategy, raising fundamental questions about the legitimacy of the grand jury process.
The judge ordered the government to hand over all grand jury materials to Comey’s defense team. He cited a “disturbing pattern of profound investigative missteps,” including “fundamental misstatements of the law” made before jurors, the use of communications that could be legally privileged, and unexplained discrepancies in the grand jury transcript.
Fitzpatrick expressed concern that defense counsel had been disadvantaged, noting that some of the evidence—seized in 2019–2020 raids targeting Columbia law professor Daniel Richman, a longtime Comey confidant—may not have been fully vetted for privilege before being used. He bluntly warned prosecutors to tread carefully, lamenting that privileged materials might have “influenced … the government’s presentation” to jurors. +1
This ruling builds on a separate hearing earlier this month in which Fitzpatrick pressed the DOJ to explain its tactics, calling the procedural posture “highly unusual” and noting a sense that the case was being rushed.
Comey has pleaded not guilty to charges including making false statements to Congress. His defense argues the case is politically motivated, pointing to former President Trump’s public demand for Comey’s prosecution and the appointment of interim U.S. Attorney Lindsey Halligan—who lacks prosecutorial experience.
The judge’s ruling signals a significant setback for prosecutors as the defense gains access to critical grand jury records, and it raises the specter that the indictment could be undermined if the court finds misconduct.
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