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A federal judge in Virginia has raised concerns about potential government misconduct in the criminal case against former FBI Director James Comey. On Monday (November 17), Magistrate Judge William Fitzpatrick ordered prosecutors to hand over grand jury materials to Comey's defense team. The judge's decision follows his review of the grand jury proceedings, which led to Comey's indictment on charges of lying to Congress and obstruction of Congress in September.
Judge Fitzpatrick's ruling highlights a series of alleged errors by lead prosecutor Lindsey Halligan, who was appointed by President Donald Trump. The judge noted that Halligan made "fundamental misstatements of law" to the grand jury and suggested that Comey might need to testify at trial to prove his innocence. These missteps could potentially undermine the integrity of the grand jury process, according to Fitzpatrick.
The judge's ruling is an extraordinary measure, as the defense seeks to dismiss the charges against Comey. Fitzpatrick cited concerns about the use of potentially privileged communications and irregularities in the grand jury transcript. He also questioned the validity of Halligan's appointment and her lack of prosecutorial experience.
Comey was indicted shortly after President Trump urged Attorney General Pam Bondi to prosecute him, raising concerns of a politically motivated prosecution. Comey has pleaded not guilty to the charges, and his trial is set for January 5.
Prosecutors may appeal Judge Fitzpatrick's decision, but the ruling adds to the mounting challenges facing the case. The Department of Justice has not yet responded to requests for comment.