A federal magistrate judge has ordered the Justice Department to turn over grand jury materials to former FBI Director James Comey, pointing to potential government misconduct as the reason to grant the uncommon relief.
Judge William Fitzpatrick referenced several apparent missteps by Lindsey Halligan, the interim U.S. attorney hand-picked by President Trump to pursue charges against Comey, that may have threatened the proceeding’s fairness.
He said that Comey’s right to due process outweighs the typical secrecy afforded to grand jury proceedings, directing prosecutors to hand over the materials by the end of Monday. (RELATED: Judge: DOJ Failed To Submit Secret Grand Jury Records In Comey, Letitia James Cases)
“In so finding, the Court recognizes this is an extraordinary remedy, but given the factually based challenges the defense has raised to the government’s conduct and the prospect that government misconduct may have tainted the grand jury proceedings, disclosure of grand jury materials under these unique circumstances is necessary to fully protect the rights of the accused,” Fitzpatrick wrote in his 24-page opinion after he personally reviewed the grand jury transcripts.
Fitzpatrick wrote that the prosecution made two problematic statements to the grand jurors “that on their face seem to appear to be fundamental misstatements of the law that could compromise the integrity of the grand jury process.”
One particular statement “is a fundamental and highly prejudicial misstatement of the law that suggests to the grand jury that Mr. Comey does not have a Fifth Amendment right not to testify at trial,” Fitzpatrick wrote. “The prosecutor’s statement ignores the foundational rule of law that that if Mr. Comey exercised his right not to testify the jury could draw no negative inference from that decision.”
A federal grand jury indicted Comey in September after President Trump encouraged Attorney General Pam Bondi to pursue his enemies.
Comey faces false statements and obstruction charges stemming from 2020 testimony he gave to Congress about leaks at the FBI. He has pleaded not guilty, and a trial is set for Jan. 5.
In addition, Fitzpatrick outlined other procedural mistakes Halligan made that could lead to dismissal before the case goes to trial.
The DOJ has until 5 p.m. Monday to turn over audio recordings of the grand jury proceedings to defense counsel, CBS News reported.
Read the magistrate judge’s opinion here.
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Sounds like a pretty stupid mistake even a first year law student wouldn’t make. Unless it was done on purpose to get this case thrown out.