Federal Judge Blocks DOJ Access to Evidence Linked to James Comey Ally
WASHINGTON, D.C. — A federal judge in the nation’s capital has issued a temporary restraining order preventing the Department of Justice from using certain evidence connected to Daniel Richman, an ally and former attorney of ex-FBI Director James Comey. The ruling comes as the DOJ considers pursuing new indictments against Comey following the dismissal of an earlier criminal case.
U.S. District Judge Colleen Kollar-Kotelly granted the order late Friday, concluding that Richman is likely to succeed in his claim that the government violated his Fourth Amendment rights by retaining and searching a complete copy of files from his personal computer without a warrant. Richman had filed a lawsuit challenging the seizure of material from his electronic devices during investigations conducted in 2019 and 2020.
“The facts weigh in favor of entering a prompt, temporary order to preserve the status quo now, before the Government has filed a response,” the judge wrote in her decision. She ordered the DOJ to identify, segregate, and secure the materials obtained from Richman’s devices and barred any access without court approval, with compliance required by noon Monday.
The seized files had been instrumental in the DOJ’s indictment of Comey on charges of making false statements and obstructing Congress. The charges stemmed from Comey’s 2020 testimony regarding FBI officials allegedly leaking information anonymously to news outlets. Prosecutors also accused Richman, who previously served as a special FBI employee, of communicating with reporters about investigations into 2016 presidential candidate Hillary Clinton’s email use during that year’s election, which resulted in President Donald Trump’s victory.
The case has drawn significant attention amid ongoing debates over government surveillance and the handling of sensitive investigative materials. The Department of Justice has faced scrutiny for its investigative tactics, particularly in politically charged cases involving high-profile figures.
Richman’s legal team argued that the warrantless retention and search of his personal files constituted a clear violation of constitutional protections against unreasonable searches and seizures. The judge’s ruling affirms these concerns and temporarily restricts the government’s ability to utilize the contested evidence.
According to the United States Courts system, such temporary restraining orders are designed to maintain the current state of affairs while the court fully considers the legal arguments presented, ensuring that no irreversible harm occurs before a final decision.
Following the dismissal of the initial prosecution against Comey last month, the DOJ has been weighing the possibility of filing new charges. This recent judicial intervention may complicate those efforts, at least in the short term.
Legal experts note that the case underscores the delicate balance between law enforcement’s investigative needs and the protection of individual rights. The American Civil Liberties Union has historically emphasized the importance of upholding Fourth Amendment safeguards, especially in cases involving digital privacy.
As the court awaits full briefing and argument from both parties, the ruling preserves the status quo and limits the DOJ’s use of the disputed evidence. The outcome of this litigation could have broader implications for how prosecutors handle electronic materials obtained from associates of public officials.
The investigation into Comey and his associates remains a focal point in ongoing political and legal discussions, with various stakeholders closely monitoring developments. The Federal Bureau of Investigation continues to be at the center of scrutiny regarding transparency and accountability in high-profile probes.
For now, the judge’s ruling marks a significant procedural victory for Richman and sets the stage for further court proceedings to determine the ultimate disposition of the seized evidence.
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