A federal judge in Virginia on Monday ordered prosecutors to turn over grand jury materials in the criminal case against James Comey after finding that the government’s handling of the case raises “genuine questions of misconduct” that could result in the dismissal of charges against the former FBI director.
Judge William Fitzpatrick said in his ruling that the type of relief Comey’s lawyers seek is “rarely awarded,” but that “the record points to a disturbing pattern of profound missteps in the investigation, missteps that led an FBI agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding.” The ruling orders the government to deliver the material to Comey’s team by the end of the day.
Among the errors the judge said he found in reviewing the grand jury proceedings in the case were statements made to the panel by acting U.S. Attorney Lindsey Halligan, President Donald Trump’s former personal attorney who had no prior prosecutorial experience.
Fitzpatrick said the court “identified two statements by the prosecutor to grand jurors that, at first glance, appear to be fundamental errors in the law that could compromise the integrity of the grand jury process,” he wrote.
Fitzpatrick also pointed to the government’s handling of potentially privileged attorney-client information in the case.
“The nature and circumstances surrounding the government’s potential violations of the Fourth Amendment and court orders establish a reasonable basis for questioning whether the government’s conduct was intentional or a reckless disregard for the law,” Fitzpatrick wrote.
Halligan’s office declined to comment. The Justice Department also did not immediately respond to a request for comment.
