Judge in Comey case scolds prosecutors, orders them to produce records from probe

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ALEXANDRIA, Va. — A federal judge on Wednesday ordered prosecutors in the criminal case of former FBI Director James Comey to produce a trove of materials from the investigation, saying he was concerned that the Justice Department‘s position had been to “indict first and investigate later.”

Magistrate Judge William Fitzpatrick instructed prosecutors to produce by the end of the day on Thursday grand jury materials and other evidence that investigators seized during the investigation. The order followed arguments in which Comey’s attorneys said they were at a disadvantage because they had not been able to review materials that were gathered years ago.

Comey, who attended the hearing but did not speak, is charged with lying to Congress in 2020 in a case filed days after President Donald Trump appeared to urge his attorney general to prosecute the former FBI director and other perceived political enemies. He has pleaded not guilty, and his lawyers have argued that it’s a vindictive prosecution brought at the direction of the Republican president and must be dismissed.

At issue at Wednesday’s hearing were communications seized by investigators who in 2019 and 2020 executed search warrants of devices belonging to Daniel Richman, a Columbia University law professor and close friend of Comey who had also served as a special government employee at the FBI.

Richman factors into the case because prosecutors say that Comey had encouraged him to engage with reporters about matters related to the FBI and that Comey therefore lied to Congress when he denied having authorized anyone at the FBI to serve as an anonymous source. But Comey’s lawyers say he was explicitly responding to a question about whether he had authorized former FBI Deputy Director Andrew McCabe to serve as an anonymous source.

Comey’s lawyers told the judge they had not reviewed the materials taken from Richman and thus could not know what information was privileged.

“We’re going to fix that, and we’re going to fix that today,” the judge said.

Comey’s indictment came days after Trump in a social media post called on Attorney General Pam Bondi to take action against Comey and other longtime foes of the president. The indictment was brought by Lindsey Halligan, a former White House aide and Trump lawyer who was installed as U.S. attorney after the longtime prosecutor who had been overseeing the investigation resigned under administration pressure to indict Comey and New York Attorney General Letitia James.

The Justice Department in court papers earlier this week defended the president’s social media post, contending it reflects “legitimate prosecutorial motive” and is no basis to dismiss the indictment.

Eric Tucker reports for The Associated Press.