Judge in Comey Case Orders Records     11/06 06:17

   

   ALEXANDRIA, Va. (AP) -- A federal judge on Wednesday ordered prosecutors in 
the criminal case of former FBI Director James Comey to produce to defense 
lawyers a trove of materials from the investigation, saying he was concerned 
the Justice Department's position had been to "indict first" and investigate 
second.

   U.S. Magistrate Judge William Fitzpatrick instructed prosecutors to produce 
by the end of the day on Thursday grand jury materials and other evidence that 
investigators seized during the investigation. The order followed arguments in 
which Comey's attorneys said they were at a disadvantage because they had not 
been able to yet review information that was collected years ago as part of an 
investigation into FBI media leaks.

   Comey, who attended the hearing but did not speak, is charged with lying to 
Congress in 2020 in a case filed days after President Donald Trump appeared to 
urge his attorney general to prosecute the former FBI director and other 
perceived political enemies. Comey has pleaded not guilty, and his lawyers have 
argued that it's a vindictive prosecution brought at the direction of the 
Republican president and must be dismissed.

   Fitzpatrick raised his own concerns, telling lawyers on Wednesday, "The 
procedural posture of this case is highly unusual." He said it appeared to him 
that the Justice Department had decided to "indict first" and investigate later.

   Comey's defense lawyers had already asked for a transcript of grand jury 
proceedings, citing irregularities in the process and potential legal and 
factual errors that they said could result in the dismissal of the case.

   Fitzpatrick on Wednesday ordered prosecutors to produce grand jury materials 
and also directed them to give defense lawyers evidence seized through search 
warrants in 2019 and 2020 from Daniel Richman, a Columbia University law 
professor and close friend of Comey.

   Richman factors into the case because prosecutors say Comey had encouraged 
him to engage with reporters about matters related to the FBI and say Comey 
therefore lied to the Senate Judiciary Committee five years ago when he denied 
having authorized media leaks. Comey's lawyers deny that he made a false 
statement and say the question he responded to, from Republican Sen. Ted Cruz 
of Texas, was vague and confusing and appeared to be centered not on Richman 
but rather a different individual, former FBI Deputy Director Andrew McCabe.

   Comey's lawyers told the judge they had not been shown by the government the 
materials taken from Richman, who had earlier served as a lawyer for Comey, and 
thus could not know what information was privileged and may have been 
improperly used as evidence.

   "We're going to fix that, and we're going to fix that today," the judge said.

   Comey's indictment came days after Trump in a social media post called on 
Attorney General Pam Bondi to take action against Comey and other longtime foes 
of the president. The indictment was brought by Lindsey Halligan, a former 
White House aide and Trump lawyer who was installed as U.S. attorney after the 
longtime prosecutor who had been overseeing the investigation resigned under 
administration pressure to indict Comey and New York Attorney General Letitia 
James.

   The Justice Department in court papers earlier this week defended the 
president's social media post, contending it reflects "legitimate prosecutorial 
motive" and is no basis to dismiss the indictment.