Judge Orders DOJ to Turn Over Grand Jury Records in Comey Case Amid Misconduct Concerns
Federal magistrate judge William Fitzpatrick has warned that possible “government misconduct” may have compromised the criminal case against former FBI director James Comey, ordering the Justice Department to provide Comey’s legal team with all grand jury materials.
In a 24-page opinion, the judge pointed to a series of serious investigative errors, including potential violations of the Fourth Amendment, exposure to privileged communications, and irregularities in the way the grand jury proceedings were conducted. Fitzpatrick suggested that FBI agents and prosecutors may have acted recklessly—or even willfully—in ways that called the integrity of the case into question.
Because of the seriousness of those issues, the court concluded that full disclosure of the grand jury record is necessary so that Comey can meaningfully challenge the charges against him.
Newsweek reached out to the Department of Justice (DOJ) for comment via its contact form Monday morning.
Why the Ruling Matters
As FBI director during the early months of Donald Trump’s first term, Comey became a central figure in the probe of potential ties between Russia and Trump’s 2016 campaign. Trump dismissed Comey in May 2017, and the two have publicly clashed ever since—Comey has called Trump “unethical” and likened him to a Mafia boss, while Trump has labeled Comey an “untruthful slime ball” and repeatedly argued that he should face punishment for his role in the Russia investigation.
Monday’s ruling from the Eastern District of Virginia adds to mounting questions about the strength and fairness of the government’s case and whether prosecutors will be able to sustain the charges against Comey at trial. The case is unfolding at the same time that Trump’s DOJ is pursuing another high-profile critic of the president, New York Attorney General Letitia James.
Inside the Judge’s Criticism
Fitzpatrick wrote that the DOJ had engaged in a “disturbing pattern of profound investigative missteps” while securing the indictment of the former FBI director. Among those missteps, the opinion notes, was a prosecutor allegedly making “fundamental misstatements of the law” when addressing the grand jury.
The opinion represents the strongest rebuke yet from the bench in a prosecution that is already being challenged on several fronts. Comey’s lawyers have filed motions arguing that the interim U.S. attorney who brought the charges, Lindsey Halligan, was unlawfully appointed and that the entire effort amounts to a vindictive prosecution.
Defense attorneys requested access to the grand jury materials after raising concerns that flaws in the process could have tainted the case from the start. According to the defense, Halligan—the only prosecutor they say presented evidence to the grand jury—was a former White House aide with no prior prosecutorial background, having been installed in the position only days before the indictment.
Prosecutors ultimately secured two counts against Comey: one for making a false statement and another for obstructing a congressional proceeding. Both charges arise from his September 2020 testimony before a Senate committee examining possible Russian interference in the 2016 election.
Comey has denied all allegations.
How Key Figures Are Responding
In his Monday filing, Fitzpatrick wrote: “The Court recognizes that the relief sought by the defense is rarely granted. However, 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.”
President Donald Trump, speaking to reporters after Comey’s indictment, said: “It’s about justice. He lied, he lied a lot…It’s about justice, not revenge.”
Following his indictment, Comey responded: “My family and I have known for years that there are costs to standing up to Donald Trump…We will not live on our knees, and you shouldn’t either.”
What Happens Next
Under the court’s order, the DOJ must now turn over the complete set of grand jury materials to Comey’s defense team. Those records are expected to play a central role in forthcoming motions that could seek to suppress evidence, challenge the conduct of prosecutors and agents, or even ask the court to dismiss the case entirely.
