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.
The judge further questioned Halligan’s claim that the government had already shared all the grand jury information available, pointing to what appeared to be gaps in the transcript.
A different federal judge — Cameron Currie of the District of South Carolina — raised a similar concern last week during a hearing on whether to disqualify Halligan from the case because of questions about the legality of her appointment. Halligan then submitted a sworn declaration asserting that all the information was turned over.
While Currie has yet to rule on the issue, Fitzpatrick was skeptical of Halligan’s account, finding the timing she cited in her declaration did not add up.
“If the prosecutor is mistaken about the time she received notification of the grand jury’s vote on the original indictment, and this procedure did take place, then the transcript and audio recording provided to the Court are incomplete,” Fitzpatrick wrote.
“If this procedure did not take place, then the Court is in uncharted legal territory in that the indictment returned in open court was not the same charging document presented to and deliberated upon by the grand jury,” he added.
The judge 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.
Trump named Halligan acting U.S. Attorney for the Eastern District of Virginia in late September, after her predecessor, Erik Siebert, resigned while under pressure from the administration to charge Comey and another perceived Trump adversary, New York Attorney General Letitia James.
Halligan presented the case to the grand jury on her own just days after being appointed – and despite career prosecutors in her office sending her a memo documenting why they believed he should not be charged, a senior law enforcement official previously told NBC News.
Fitzpatrick grilled the government on its conduct at a hearing earlier this month, where he said prosecutors had appeared to have taken an “indict first, investigate later” approach to the case.
The judge noted in his ruling that it’s highly unusual for a defendant to gain access to grand jury materials, but found the Comey case is “a rare example of a criminal defendant who can actually make a ‘particularized and factually based’ showing that grounds exist to support the proposition that irregularities may have occurred in the grand jury proceedings and may justify the dismissal of one or more counts of the indictment.”
Comey was indicted on two counts, making a false statement and obstruction of a congressional proceeding — both charges stemming from testimony he gave before the Senate in 2020. He pleaded not guilty.
