A federal judge on Friday ordered the Justice Department to return data seized from a close friend of former FBI Director James Comey, sharply criticizing prosecutors for mishandling the material in a disputed indictment case.
DOJ Violated Constitutional Rights In The Comey Case
U.S. District Judge Colleen Kollar-Kotelly ruled that the government violated the constitutional rights of law professor Daniel Richman by retaining and using his emails and hard drive image without a proper warrant, reported NBC News.
“When the Government violates the Fourth Amendment’s prohibition on unreasonable searches and seizures … what remedy is available to the victim of the Government’s unlawful intrusion? Federal Rule of Criminal Procedure 41(g) provides one such remedy,” Kollar-Kotelly wrote in a 46-page memorandum.
Prosecutors Used 2017 Data Without A New Warrant
The data, originally seized in 2017 during an investigation into Comey after his firing, was later used by prosecutors to seek a new indictment after an earlier case was dismissed over the unlawful appointment of attorney Lindsey Halligan.
The judge called the Justice Department’s handling of Richman’s files a “remarkable breach of protocol” and said the agency acted with “callous disregard” for his rights.
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Comey Indictment Faces Legal Scrutiny Amid Cohen Claims
Last month, a judge questioned the validity of the grand jury indictment against former FBI Director Comey, suggesting the case could be dismissed before trial.
Prosecutors admitted the final indictment had never been presented to the full grand jury, even though one proposed count had been rejected.
Earlier in September, Trump attorney Michael Cohen accused Comey of criminal conduct during an MSNBC interview, claiming an investigation he conducted with reporter Brian Karem revealed Comey’s involvement in the Russia investigation.
Cohen said the Department of Justice likely possessed communications that could support charges.
Comey had pleaded not guilty to making false statements and obstructing a congressional investigation, with his trial scheduled for January in Alexandria, Virginia.
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Photo courtesy: Shutterstock/mark reinstein
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