Judge says ‘missteps’ in James Comey case could result in the charges against him being dismissed
A federal judge in Virginia on Monday ordered prosecutors to turn over grand jury materials in the criminal case against James Comey after finding the government’s handling of the case raises “genuine issues of misconduct” that could result in the charges against the former FBI director being dismissed.
Magistrate Judge William Fitzpatrick said in his ruling that the type of relief Comey’s lawyers are seeking is “rarely granted,” but that “the record points to a disturbing pattern of profound investigative missteps, missteps that led an FBI agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding.” The ruling directs the government to turn over the material to Comey’s team by the end of the day.
Among the missteps the judge said he found while reviewing the grand jury proceedings in the case were statements made to the panel by acting U.S. Attorney Lindsey Halligan, a former personal lawyer to President Donald Trump who had no prior prosecutorial experience.
Fitzpatrick said the court “identified two statements by the prosecutor to the grand jurors that on their face appear to be fundamental misstatements of the law that could compromise the integrity of the grand jury process,” he wrote.
Acting U.S. Attorney Lindsey Halligan is prosecuting former FBI Director James Comey.Al Drago / Bloomberg via Getty Images file
Fitzpatrick also pointed to the government’s handling of potentially privileged attorney-client information in the case.
“The nature and circumstances surrounding the government’s potential violations of the Fourth Amendment and court orders establish a reasonable basis to question whether the government’s conduct was willful or in reckless disregard of the law,” Fitzpatrick wrote.
Halligan’s office declined to comment. The Justice Department also did not immediately respond to a request for comment.
