A United States judge revealed on Monday that there are indications of misconduct in how a federal prosecutor closely linked to President Donald Trump obtained criminal charges against James Comey. The judge, William Fitzpatrick from Alexandria, Va., found that Lindsey Halligan, the U.S. attorney appointed by Trump overseeing the case, may have committed significant legal errors in presenting evidence and guiding the grand jurors considering Comey’s charges. These errors could have compromised the case’s integrity, as stated in Fitzpatrick’s ruling.
James Comey, a vocal critic of the Republican president, faced charges in September for allegedly making false statements and obstructing a congressional investigation. Comey denied the charges, attributing them to Trump’s personal animosity towards him due to his criticism of the president and his involvement in the investigation into potential connections between Trump’s 2016 campaign and Russian entities.
The judge’s decision raised questions about the legality of Halligan’s appointment and concerns about potential political motivations in Justice Department investigations. Halligan, who lacked prior experience as a prosecutor before her appointment by Trump, primarily practiced real estate law and represented Trump in civil litigation.
Following the ruling to turn over grand jury materials to Comey’s defense, prosecutors sought to postpone the order, claiming that the judge may have misinterpreted certain facts. The Justice Department requested a hold on the ruling to allow time for objections to be filed. U.S. District Judge Michael Nachmanoff temporarily suspended the ruling pending the resolution of the government’s objections.
The charges against Comey, along with indictments against other Trump critics like John Bolton and Letitia James, have led to criticism of the Justice Department’s perceived lack of political independence in criminal investigations. Comey’s legal team has requested the dismissal of charges, citing Trump’s alleged personal vendetta against him as the reason behind the prosecution.
Fitzpatrick’s ruling highlighted various investigative errors in the case, including unauthorized review of evidence seized by the FBI without a new warrant and allowing an FBI agent to testify to the grand jury despite potential exposure to privileged information. The judge also noted that Halligan’s statements to the grand jury may have infringed upon Comey’s legal rights.
The disclosure of grand jury materials to the defense, although an uncommon step due to strict secrecy rules, was deemed necessary by the judge to safeguard the accused’s rights in light of the challenges raised concerning government conduct and potential misconduct affecting the grand jury proceedings.
