RARE: Judge Orders DOJ to Turn Over Grand Jury Materials in Prosecution of Former FBI Director James Comey

Today, in an extraordinary move, U.S. Magistrate Judge William Fitzpatrick ordered the Department of Justice to turn over grand jury materials that led to the indictment of former FBI Director James Comey. The order comes after Comey’s defense raised credible challenges that the government’s conduct may have tainted grand jury proceedings. If misconduct is found, it could justify the dismissal of one or more counts of the indictment. 

The disclosure of grand jury materials to the defense is exceedingly rare. But in this case, the Magistrate explains that the record points to “a disturbing pattern of profound investigative missteps, missteps that led an FBI agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding.”

This case began when President Trump ordered a Justice Department investigation targeting one of his most prominent critics. Trump installed Lindsey Halligan, his former personal attorney, to oversee the prosecution. Federal judges have already flagged concerns about the government's approach in this case, with one noting the troubling practice of "indict first, investigate second." Halligan presented three counts to the grand jury, which voted to indict on only two, declining the third count in a rare rejection that signals weakness in the government's evidence.

AAGC Spokesperson Caitlin Legacki released the following statement:

“Today’s order is not a routine legal dispute, it is a stark warning from the Court about the government’s violation of basic constitutional protections while pursuing the case against former FBI Director James Comey. If misconduct is found in the grand jury proceedings, it will confirm that the DOJ is doing anything – including committing prosecutorial misconduct – to secure indictments against Trump’s political enemies. Thus far, Trump’s DOJ has gone largely unchecked in its relentless pursuit of political retribution, eroding the Department’s independence and setting a dangerous precedent. But in this case, the government’s conduct was so troubling that the court took the extraordinary step of ordering disclosure of grand jury materials. ”

Read the order here.