Comey Case: Judge Slams DOJ Missteps

Breaking: Federal Judge Rips DOJ Handling of Comey Indictment

In a stunning rebuke of the Justice Department's conduct, federal Judge William Fitzpatrick has exposed "profound investigative missteps" that may have tainted the indictment against former FBI Director James Comey. The explosive ruling raises serious questions about the integrity of the case and could lead to dismissal of charges.

The Core Allegations

Comey faces charges of lying to Congress in 2020 about his interactions with friend and former lawyer Daniel Richman. However, Judge Fitzpatrick's November 17, 2025 opinion reveals a deeply flawed investigation. The DOJ accessed evidence seized during a prior 2018 leak investigation against Richman without obtaining a new search warrant—a move the judge deemed "inexplicable" and "highly unusual." Worse, investigators failed to filter out protected attorney-client communications before presenting the material to the grand jury.

Systemic Failures Exposed

The judge uncovered a disturbing pattern of misconduct:

• Fourth Amendment Violations: "Cavalier attitude toward basic constitutional rights" allowed investigators to "rummage through all information seized" from Richman's accounts without oversight.
• Agent Warning Ignored: An FBI agent warned colleagues about tainted evidence the day Comey was indicted in September, yet another agent proceeded to testify about the flawed material before the grand jury.
• Prosecutorial Errors: Interim U.S. Attorney Lindsey Halligan made a "fundamental and highly prejudicial misstatement of the law" during grand jury proceedings regarding Comey's trial rights.

Grand Jury Irregularities

Fitzpatrick highlighted critical gaps in the grand jury process, including a two-hour period with no transcript or recording. "Either way, this unusual series of events calls into question the presumption of regularity generally associated with grand jury proceedings," he wrote. The DOJ had initially resisted releasing grand jury records to Comey's defense team.

Legal Fallout and Next Steps

These findings provide Comey's legal team with powerful arguments to dismiss the indictment. The judge ruled that institutional secrecy concerns are "greatly outweighed by Mr. Comey's right to Due Process." Comey's defense can now challenge:

• Illegally obtained evidence
li>Prosecutorial misconduct li>Grand jury procedural violations

The case, currently scheduled for trial after New Year's Day, faces additional challenges as another judge reviews whether Halligan had authority to secure the indictment as an unelected prosecutor.

Bigger Implications

Beyond this case, Fitzpatrick's ruling underscores systemic concerns at the DOJ. The "disturbing pattern" of misconduct suggests potential erosion of constitutional safeguards in high-profile investigations. As legal experts note, such "government misconduct resulting in prejudice" could set precedents for future cases involving former officials.

"The manner in which evidence was collected and used may rise to the level of government misconduct resulting in prejudice to Mr. Comey." — Judge William Fitzpatrick

With Comey's team poised to file dismissal motions by next week, this saga could reshape expectations for prosecutorial accountability in politically sensitive cases.