A federal judge has temporarily barred the Justice Department from accessing some evidence it had used in its case against former Federal Bureau of Investigation (FBI) Director James Comey, according to a court document.
Why It Matters
The order hinders the U.S. government’s attempts to place new charges on Comey after a federal judge threw out indictments against the former FBI chief and New York Attorney General Letitia James on Monday.
Both are considered political opponents to President Donald Trump. A judge found last month that the prosecutor leading the cases against Comey and James, Lindsey Halligan, was not lawfully appointed.
The evidence in Saturday’s order relates to emails accounts and a computer belonging to Daniel Richman, a former attorney for Comey and a law professor at Columbia University. The material would likely be key in a fresh indictment.
What To Know
The order, issued Saturday night by Washington Federal District Court Judge Colleen Kollar-Kotelly, stops the administration accessing the material in the next few days to draw up new charges.
The order is in effect until December 12 at 11:59 p.m. ET, unless the court dissolves it first.
Richman earlier this month launched legal action against the Justice Department over the material, asking the court to block the administration from using the files. He alleges prosecutors using the evidence seized years ago violates his Fourth Amendment right.
The constitutional amendement protects against unreasonable searches and seizures and requires warrants to be based on probable cause.
Richman asked the court on Friday to grant a temporary restraining order and prevent prosecutors from “searching, using, or relying in any way upon certain property illegally seized” or retained by the U.S. government while the court mulls his case.
“The court concludes that petitioner Richman is likely to succeed on the merits of his claim that the government has violated his Fourth Amendment right against unreasonable searches and seizures by retaining a complete copy of all files on his personal computer (an ‘image’ of the computer) and searching that image without a warrant,” according to the four-page order published on Saturday.
Trump fired Comey back in 2017 and was later charged with lying to and obstructing Congress, allegations linked to his testimony to lawmakers in 2020, looking at how the FBI handled sensitive investigations and the 2016 Russia inquiry. Comey pleaded not guilty.
The administration has signaled it would appeal the dismissal of the indictments against Comey and James.
What People Are Saying
“The facts of the indictments against Comey and James have not changed and this will not be the final word on the matter,” the White House said after the indictments against Comey and James were dismissed.
Former FBI Director James Comey said last month: “I’m grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence, and a reflection of what the Department of Justice has become under Donald Trump, which is heartbreaking.”
What Happens Next
It’s not clear whether the Justice Department will continue efforts to reindict Comey.
