Judge warns Comey case could be thrown out due to unusual DOJ conduct

A judge on Monday ordered the Justice Department to turn over grand jury materials to former FBI Director James Comey, an unusual move that the judge said was necessary because of the department’s “highly unusual” activity during the secret grand jury proceedings.

Magistrate Judge William Fitzpatrick chastised the DOJ in the order for what he called gross mishandling of evidence presented to grand jurors and possible inaccuracies by the case’s lead prosecutor, Lindsey Halligan.

“The Court believes that the government’s actions in this case – whether willful, reckless, or negligent – ​​raise genuine issues of misconduct, are inextricably linked to the government’s presentation to the grand jury, and deserve to be fully explored by the defense,” Fitzpatrick wrote.

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Former FBI Director James Comey testifies before the Senate Intelligence Committee on his interactions with President Donald Trump and the Russia investigation June 8, 2017, in Washington, DC. (Cheriss May/NurPhoto via Getty Images)

The judge also warned that the grand jury proceedings may have been irreparably tainted and could lead the court to dismiss the indictment. Comey faces one charge of making a false statement to Congress and one charge of obstruction of justice. He pleaded not guilty and asked that his case be dismissed on several grounds.

The grand jury’s problem stems from evidence Halligan presented to the grand jury that the judge said improperly stemmed from years-old warrants.

Halligan, a former White House aide and insurance lawyer who had no prior prosecutorial experience, was appointed by Trump in September as acting U.S. attorney as part of the DOJ’s rush to meet Trump’s demand that Comey be charged before the statute of limitations expires.

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Lindsey Halligan, special assistant to the president, speaks with a reporter outside the White House, August 20, 2025, in Washington. (Jacquelyn Martin/AP)

When presenting the case to the grand jury, Halligan relied on evidence collected from the 2019 and 2020 warrants that were part of an earlier investigation while, according to the judge, ignoring the rules surrounding how investigators and prosecutors are allowed to review and seize information obtained through the warrants.

Fitzpatrick said the DOJ has demonstrated a “cavalier attitude” toward the Fourth Amendment, which governs citizens’ privacy rights.

“Inexplicably, the government chose not to seek a new warrant for the 2025 search, even though the 2025 investigation focused on a different person, explored a fundamentally different legal theory, and relied on an entirely different set of criminal offenses,” Fitzpatrick wrote. “The Court recognizes that it is highly unusual not to seek a new term in these circumstances.”

He also said that, based on transcripts of the grand jury proceedings, Halligan made damaging and misleading statements, including telling grand jurors that Comey did not have a Fifth Amendment right.

Former FBI Director James Comey is drawn in a sketch of a courtroom during his arraignment on October 8, 2025 in Virginia. (Federal Court, designer Dana Verkouteren)

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Fitzpatrick granted Comey’s request to review the documents underlying the proceedings, including audio of them, and ordered the DOJ to provide the records to Comey by the end of the day.

The DOJ had argued that Comey’s concerns about the grand jury proceedings were “speculative and unfounded” and did not meet the high threshold required to break grand jury secrecy.