Politics

Judge Slams Justice Department Over Comey Case Evidence: Is the Probe Compromised?

Judge warns Justice Dept. about evidence handling in Comey case, ordering a data review.

byEditorial Staff

November 5, 2025, 3:56 PM

The "Department of Justice" sign is carved into the stone facade of the building in Washington, DC, with a shadow on the right.

The engraved sign on the facade of the Department of Justice building. By christianthiel.net / Shutterstock.com.

Executive Summary

A federal judge issued a stern warning to the Justice Department regarding potential mishandling of evidence in its criminal case against former FBI Director James Comey.

Magistrate Judge William Fitzpatrick expressed concerns about an “indict first, investigate later” approach and potential improper review of attorney-client communications.

The judge ordered the Justice Department to provide Comey’s defense team with all data collected from 2019 and 2020, along with grand jury documents and transcripts, by Thursday at 5 p.m.

The Story So Far

The current legal scrutiny of the Justice Department’s handling of evidence in the case against former FBI Director James Comey stems from charges that he made a false statement to Congress during a leak investigation. This case has been controversial, previously attracting internal Justice Department concern and public accusations of political motivation, leading to a federal judge’s warning about a potential “indict first, investigate later” approach regarding data collected years ago.

Why This Matters

The federal judge’s stern warning to the Justice Department regarding potential evidence mishandling in the James Comey case, coupled with an order to promptly disclose extensive records, signals significant judicial scrutiny over prosecutorial conduct and due process in high-profile investigations. This development raises concerns about the integrity of the prosecution’s methods, including the potential for “indict first, investigate later” tactics and violations of attorney-client privilege, which could profoundly impact the case’s outcome and set precedents for future politically sensitive legal proceedings.

Who Thinks What?

Magistrate Judge William Fitzpatrick expressed concerns that the Justice Department may be mishandling evidence in its criminal case against James Comey, suggesting an “indict first, investigate later” approach and ordering the department to provide all collected data to the defense.

James Comey’s defense team asserted that his constitutional rights might have been violated due to the broad scope of federal investigators’ data collection and requested access to all information to ensure prosecutors are not misusing old warrants.

Justice Department prosecutors are under judicial scrutiny regarding their handling of data collected under search warrants and have been ordered to disclose all details recovered from Daniel Richman’s electronic accounts and all grand jury documents to Comey’s defense.

A federal judge issued a stern warning to the Justice Department on Wednesday, suggesting it may be mishandling evidence in its criminal case against former FBI Director James Comey. Magistrate Judge William Fitzpatrick of the Eastern District of Virginia expressed concerns about an “indict first, investigate later” approach during a hearing focused on the department’s handling of data collected under search warrants from 2019 and 2020. Comey faces charges of giving a false statement to Congress related to a leak investigation and has pleaded not guilty.

Evidentiary Concerns

Judge Fitzpatrick specifically questioned prosecutors, including Tyler Lemons, about the evidence in their possession and whether any confidential attorney-client communications had been improperly reviewed. The judge’s remarks highlighted ongoing scrutiny of the case, which has previously drawn internal concern and public accusations of political motivation within the Justice Department.

The evidentiary dispute centers on information gathered years ago during a leak investigation involving Comey and his friend and lawyer, Daniel Richman. Comey’s defense team asserted in court that the former FBI director’s constitutional rights might have been violated due to the broad scope of federal investigators’ past data collection.

Court Order and Timeline

The defense had requested access to all information collected during the leak probe to ensure prosecutors are not “rummaging through” old warrants for new incriminating evidence. In response, Judge Fitzpatrick ordered the Justice Department to provide Comey’s team with all details recovered from Richman’s electronic accounts from 2019 and 2020, along with all grand jury documents and transcripts.

The department has until Thursday at 5 p.m. to comply with this order, a timeline the judge acknowledged places an “unfair burden” on the defense given the volume of records. Both Comey and US Attorney for the Eastern District of Virginia Lindsey Halligan were present at the hearing but did not address the court.

Key Takeaways

The judge’s directive underscores the court’s intent to ensure due process and proper evidentiary procedures in a high-profile case that continues to attract significant attention regarding the Justice Department’s conduct.