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“Indict first, investigate later”: Judge criticizes Comey case, orders DOJ to hand over evidence

November 6, 2025
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“Indict first, investigate later”: Judge criticizes Comey case, orders DOJ to hand over evidence
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A federal judge sharply criticized the Justice Department’s handling of its criminal case against former FBI Director James Comey on Wednesday, saying it appeared prosecutors had decided to “indict first” and “investigate later.”

According to the Associated Press, U.S. Magistrate Judge William Fitzpatrick repeatedly pressed Trump-appointed prosecutor Lindsey Halligan over her failure to share key evidence with Comey’s defense team. During a hearing in Alexandria, Virginia,  Fitzpatrick ordered Halligan to hand over the records by Thursday evening, calling the government’s conduct “unfair” to the defense.

The dispute centers on a Justice Department probe that began as an internal leak investigation into the FBI’s handling alleged Russian election interference. Prosecutors allege Comey authorized a friend, Daniel Richman, to share information with reporters, then denied doing so under oath before Congress in 2020. Comey has pleaded not guilty, arguing that the question he was asked by Sen. Ted Cruz, R-Texas, was ambiguous. The former FBI director was present at this week’s hearing, but did not speak.

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Comey’s lawyers have portrayed the prosecution as political retribution, noting that the indictment arrived just days after President Donald Trump publicly urged Attorney General Pam Bondi to prosecute Comey and other perceived enemies. They’ve also challenged Halligan’s appointment, saying the former Trump lawyer was hastily installed in September after her predecessor refused to indict.

In court documents reviewed by the New York Times, the defense has accused Halligan of “irregularities so severe and pervasivevthat they likely prejudiced the grand jurors’ narrow decision to indict.”

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