U.S. judge in Comey case scolds prosecutors as he orders them to produce records from probe

Former FBI director James Comey pauses as he speaks during a U.S. Senate Intelligence Committee hearing on Capitol Hill, June 8, 2017, in Washington. (AP Photo/Alex Brandon, File)

ALEXANDRIA, Va. - A U.S. 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 defence 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.

By Eric Tucker