Judge Alleges 'Government Misconduct' in Comey Indictment, Orders Release of Secret Grand Jury Files

Washington, D.C. — November 17, 2025  A U.S. magistrate judge on Monday accused the Justice Department of a "disturbing pattern of profound investigative missteps" amounting to potential government misconduct during the grand jury process that led to Comey's indictment.

The ruling, a 24-page opinion from Magistrate Judge William E. Fitzpatrick in the Eastern District of Virginia, marks the sharpest judicial criticism yet of the Trump administration's high-profile prosecution of one of its most outspoken critics.

Fitzpatrick, who reviewed the grand jury proceedings in camera, ordered prosecutors to hand over all related materials—including transcripts and evidence presentations—to Comey's defense team by Monday evening, an "extraordinary remedy" that pierces the veil of grand jury secrecy typically maintained until trial.

"The procedural and substantive irregularities that occurred before the grand jury, and the manner in which evidence was collected and used, may rise to the level of government misconduct resulting in prejudice to Mr. Comey," Fitzpatrick wrote, emphasizing that the issues—whether "purposeful, reckless, or negligent"—warrant full scrutiny by the defense.

The controversy centers on the indictment unsealed in September, which charges the 65-year-old Comey with making false statements to Congress and obstructing an investigation. Prosecutors, led by interim U.S. Attorney Lindsey Halligan—a Trump ally elevated from his classified documents defense team—allege Comey lied during 2020 Senate testimony when he denied authorizing anyone at the FBI to leak information to the media about probes into then-President Donald Trump and his 2016 rival, Hillary Clinton.

The case hinges on communications involving Comey's longtime confidant, Columbia University law professor Daniel C. Richman, who is accused of serving as an anonymous source for reporters.

Fitzpatrick's order highlights several alleged missteps by Halligan and an unnamed FBI agent who testified before the grand jury. Among them: the government's reliance on seized electronic data from Richman—originally collected in a prior, uncharged leak probe—without obtaining a fresh search warrant, despite foreseeable attorney-client privilege concerns.

 The judge called this approach "inexplicable" and "highly unusual," noting that an FBI agent had flagged potential privilege violations on the very day of Comey's indictment, just before a statute of limitations deadline.

Additionally, Fitzpatrick questioned whether Halligan improperly implied to jurors that undisclosed evidence bolstered the case, potentially tainting the proceedings.

"This is an 'indict first, investigate later' mindset that the court cannot abide," Fitzpatrick added, echoing frustrations voiced in an earlier hearing where he chided Halligan for procedural lapses.

Comey's legal team, including attorney Rebekah Donaleski, has argued the prosecution stems from Trump's "personal animus" toward the man who oversaw the FBI during the Russia election interference inquiry.

They now have until next week to seek dismissal of the charges on misconduct grounds, compounding challenges to Halligan's appointment—already deemed suspect by another judge—and claims of vindictive prosecution.

The ruling arrives amid broader unease over the Justice Department's aggressive pursuit of Trump adversaries. Comey's case follows indictments of former National Security Adviser John Bolton and New York Attorney General Letitia James, both vocal Trump critics, prompting accusations that the department is abandoning its tradition of political independence.

Legal experts warn that such politicization could erode public trust in federal law enforcement, with the Comey trial—originally slated for early January—now hanging in the balance.

Neither the Justice Department nor Halligan's office responded to requests for comment. Comey, who has maintained his innocence and pleaded not guilty, could not be reached. As the former FBI chief's defense pores over the newly disclosed files, the episode underscores the high stakes in a prosecution that blends personal vendettas with questions of justice itself.

17GEN4.com