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A federal magistrate judge on Monday sharply rebuked the Justice Department’s handling of its case against former FBI Director James Comey, citing a “disturbing pattern of profound investigative missteps” and ordering prosecutors to provide defense lawyers with the full record of the grand jury proceedings that led to Comey’s indictment.
In a 24-page opinion, Magistrate Judge William Fitzpatrick said the process that produced the September indictment was marred by “fundamental misstatements of the law,” possible misuse of privileged communications and irregularities in the transcript of the closed-door proceedings. The ruling marks the most stinging judicial criticism to date of the Justice Department’s conduct as it pursues high-profile cases against political figures frequently targeted by President Donald Trump.
“The Court recognizes that the relief sought by the defense is rarely granted,” Fitzpatrick wrote. “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.”
Concerns about politicization
The Comey case — along with a separate prosecution of New York Attorney General Letitia James — has intensified concerns that the Justice Department is being used to pursue Trump’s political adversaries. Both Comey and James have filed motions to dismiss their cases, arguing that the charges are vindictive and that the prosecutor overseeing them, Lindsey Halligan, was unlawfully appointed.
Halligan, a former White House aide with no prior prosecutorial experience, was tapped as interim U.S. attorney for the Eastern District of Virginia just days before the grand jury convened. Defense lawyers say she was the sole prosecutor who presented the Comey case to the panel.
Judge cites errors, missing transcript details
Fitzpatrick previously instructed prosecutors to hand over grand jury materials but was told by the trial court to review the matter more closely. After examining the proceedings himself, Fitzpatrick said he became “deeply concerned” about the case’s integrity.
Among the issues he flagged were two comments a prosecutor — identified by context as Halligan — made to the grand jury that Fitzpatrick said constituted “fundamental misstatements of the law.” Though the remarks were redacted, the judge said the prosecutor appeared to ignore that grand jurors may not draw a negative inference from a defendant’s decision not to testify.
Fitzpatrick also said the transcript of the grand jury session appeared incomplete, further clouding the reliability of the proceedings.
The charges against Comey
Comey is charged with two counts of lying to Congress for testimony he gave in September 2020, when he appeared before the Senate Judiciary Committee. Prosecutors allege he falsely suggested he had not authorized leaks of FBI information to the news media.
Comey’s lawyers argue the question he was asked was vague and that his answer — focused on whether he had authorized then-Deputy Director Andrew McCabe to speak with reporters — was accurate. Prosecutors have since clarified that the indictment concerns Comey’s alleged authorization of a different intermediary, Columbia Law School professor Dan Richman, to act as an anonymous source.
Halligan did not respond to requests for comment, and a spokesperson for her office declined to discuss the judge’s ruling.
Next steps
The release of grand jury materials to the defense could expose details of how the case was assembled — and fuel broader scrutiny of the department’s conduct. Defense lawyers are expected to renew their motions to dismiss based on alleged government misconduct.
A trial date has not yet been set.
