Judge in Comey Case Scolds Prosecutors, Orders Them to Produce Records from Probe

A federal judge has ordered prosecutors in the criminal case of former FBI Director James Comey to turn over to defense lawyers a trove of materials from the investigation, saying he was concerned that the Justice Department’s approach appeared to be to “indict first” and investigate later.

Comey has pleaded not guilty, and his lawyers have argued that the case is a vindictive prosecution brought at the direction of the Republican president and should be dismissed. (Photo: Federal Bureau of Investigation) 

U.S. Magistrate Judge William Fitzpatrick instructed prosecutors to produce by the end of the day Thursday grand jury materials and other evidence that investigators seized during the inquiry.

The order followed arguments in which Comey’s attorneys said they were at a disadvantage because they had not yet been able to review information collected years ago as part of an investigation into FBI media leaks.

Comey, who attended the hearing but did not speak, is charged with lying to Congress in 2020 in a case filed just days after President Donald Trump publicly appeared to urge his attorney general to prosecute the former FBI director and other perceived political enemies.

Comey has pleaded not guilty, and his lawyers have argued that the case is a vindictive prosecution brought at the direction of the Republican president and should be dismissed.

Fitzpatrick raised his own concerns, telling lawyers on Wednesday, “The procedural posture of this case is highly unusual.” He said it appeared to him that the Justice Department had decided to “indict first” and investigate later.