A federal magistrate judge has ordered the Justice Department to give former FBI Director James Comey access to grand jury materials as he fights criminal charges. The judge said the move is unusual but necessary because of concerns about how the case has been handled.
Judge William Fitzpatrick pointed to several apparent errors involving Lindsey Halligan, the interim U.S. attorney chosen by President Trump to lead the prosecution. According to the judge, those mistakes may have affected the fairness of the grand jury process.
Fitzpatrick ruled that Comey’s right to due process outweighs the normal secrecy surrounding grand jury proceedings. Prosecutors must turn over the materials by the end of Monday.
He wrote that this type of request is rarely granted but said the record shows a troubling series of investigative problems. These issues, he said, could have allowed an FBI agent and a prosecutor to undermine the integrity of the grand jury’s work.
Comey is facing false statements and obstruction charges tied to testimony he gave to Congress in 2020 about media leaks at the FBI. He has pleaded not guilty, and his trial is scheduled for January 5.
Another judge revealed last week that Halligan was the only prosecutor who presented evidence to the grand jury. Fitzpatrick also noted that only a single prosecutor appears to have been present during the proceedings. He wrote that “the prosecutor” made at least two comments to grand jurors that appeared to misstate the law in significant ways.
The remarks were redacted in the filing, but the judge said they were made in response to juror questions and involved communications related to Comey. One suggestion made by the prosecutor implied that Comey did not have a Fifth Amendment right to refuse testimony at trial. According to Fitzpatrick, this may have led jurors to believe Comey, rather than the government, had to prove his innocence.
Another remark suggested the government had more evidence beyond what the grand jurors saw and would present it at trial. Fitzpatrick warned that this could have influenced their decision.
The judge also questioned whether the grand jury saw the exact indictment that was ultimately filed. Halligan had originally tried to bring three charges, but the grand jury rejected one of them. A revised indictment was later prepared without that count. Fitzpatrick said the record does not clearly show that the grand jury reviewed the final version before it was taken to court.
He pointed to missing minutes in the transcript and Halligan’s own declaration as signs of a possible breakdown in procedure. He wrote that either the transcript is incomplete or the indictment that was returned was not the one presented to the grand jury. In his view, either scenario supports letting Comey see the grand jury materials.
The judge also raised concerns about the FBI’s handling of privileged communications. Comey’s charges involve a short exchange during a 2020 hearing where he appeared to support earlier testimony saying he never allowed anyone to act as an anonymous source. Prosecutors claim he lied and that he encouraged Columbia University law professor Daniel Richman, a friend and former attorney, to speak to reporters.
Fitzpatrick wrote that the FBI showed a careless approach to attorney-client privilege when it seized materials in 2019 and 2020. He added that agents did not seek a new warrant this year and that one agent was directly told to seize communications between Comey and Richman. There were no apparent safeguards to avoid collecting privileged material, and that same agent was the only witness who testified before the grand jury.
The decision comes as Halligan’s role as U.S. attorney in the Eastern District of Virginia faces serious legal challenges. Comey and New York Attorney General Letitia James have questioned her appointment, and another federal judge is expected to rule on whether she is legally serving in the position before Thanksgiving. If she is removed, both cases could face significant setbacks.