Executive Summary
- A federal judge ruled the Justice Department engaged in a “disturbing pattern of profound investigative missteps” in the case against James Comey.
- The court has ordered prosecutors to release all grand jury materials to Comey’s defense team, a rarely granted measure.
- Cited issues include “fundamental misstatements of the law” to the grand jury and irregularities in the proceedings.
- The ruling adds to existing challenges against the case, including questions about the appointment and experience of the prosecutor.
WASHINGTON – A federal judge on Monday sharply criticized the U.S. Justice Department for a “disturbing pattern of profound investigative missteps” in its case against former FBI Director James Comey. In a significant ruling, the judge ordered prosecutors to turn over all grand jury materials to Comey’s defense team.
In a 24-page opinion, Magistrate Judge William Fitzpatrick identified several critical issues with the prosecution’s handling of the case. These include what he termed “fundamental misstatements of the law” made by a prosecutor to the grand jury that indicted Comey in September, the use of potentially privileged communications, and unexplained irregularities in the grand jury transcript.
“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,” Judge Fitzpatrick wrote. He acknowledged that granting access to grand jury materials is a rare step.
The ruling adds to a series of challenges faced by the prosecution. Comey’s defense team has already filed motions to dismiss the case, arguing that the interim U.S. attorney who brought the charges, Lindsey Halligan, was improperly appointed and that the case amounts to a vindictive prosecution.
Comey’s lawyers had requested the grand jury materials, citing concerns that the process was tainted. They noted that Halligan, a former White House aide with no prior prosecutorial experience, was the sole prosecutor who presented the case just days after her appointment.
This decision marks a significant development in the legal proceedings against the former FBI director, casting judicial doubt on the integrity of the investigation’s early stages. It is important to note that an indictment is not a finding of guilt, and all individuals are presumed innocent until proven guilty in a court of law.