TL/DR –
A US District Judge, Colleen Kollar-Kotelly, has temporarily barred prosecutors from using certain evidence against former FBI Director James Comey, hindering the Justice Department’s efforts to seek a new indictment against him. The barred evidence includes communications between Comey and a close friend, Columbia University law professor Daniel Richman, which the prosecutors were using to build a case against Comey for allegedly lying to Congress. After the evidence was barred, Richman’s lawyers sought to prevent prosecutors from accessing his computer files, which they received through search warrants in 2019 and 2020 for a media leak investigation, and Judge Kollar-Kotelly granted the temporary restraining order.
US Judge Blocks Use of Evidence in New Indictment Against Ex-FBI Director Comey
WASHINGTON (AP) – Blocking a key Justice Department attempt, a federal judge has temporarily prevented prosecutors from using vital evidence in their pursuit of a new indictment against former FBI Director James Comey.
U.S. District Judge Colleen Kollar-Kotelly issued the ruling on Saturday night, potentially complicating the department’s efforts to indict Comey anew. The ruling implies that, to continue, prosecutors may have to forego citing Comey’s communications with confidant and Columbia University law professor Daniel Richman.
WATCH: Judge dismisses James Comey, Letitia James cases, citing unlawfully appointed prosecutor
In September, Comey faced charges for allegedly lying to Congress, denying authorization of an associate to act as an anonymous source for media coverage about the FBI. Prosecutors referred to messages between Comey and Richman as proof. However, the case was dismissed after another federal judge ruled the charges’ prosecutor, Lindsey Halligan, was unlawfully appointed by the Trump administration.
Following the dismissal, Richman’s lawyers sought to restrict prosecutors from accessing his computer files, obtained through search warrants in 2019 and 2020 during a media leak investigation. Richman and his lawyers claim prosecutors unlawfully retained and searched these files.
Kollar-Kotelly granted Richman’s request on Saturday night, instructing the department not to access or share the materials without court permission. She urged the Justice Department to certify its compliance by Monday afternoon.
Richman, she determined, will face irreparable harm without an injunction due to the government’s ongoing violation of his Fourth Amendment rights. A Justice Department spokesperson declined to comment on Sunday regarding the implications for Comey’s potential recharges.
Even with Richman’s communications, it remains uncertain that the Justice Department could secure new charges against Comey, given the statute of limitations. A separate attempt to file a fresh indictment against New York Letitia James, another Trump adversary also charged by Halligan, failed last week when a grand jury declined to endorse the charges.
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