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DOJ Appeals Order to Hand Over Grand Jury Files as Judge Rebukes Comey Prosecution

The Justice Department’s challenge to a rare disclosure order sets up fast-track rulings that could decide whether the case reaches a January trial.

Overview

  • U.S. Magistrate Judge William Fitzpatrick criticized the case as feeling like “indict first, investigate later” and ordered prosecutors to produce all grand jury materials and warrant returns by Thursday at 5 p.m. ET.
  • Prosecutors moved to vacate or stay the order, arguing the magistrate exceeded his authority and that the defense failed to show the particularized need required to pierce grand jury secrecy.
  • The dispute over disclosure is now before the trial judge, with prosecutors signaling further appellate review as the Jan. 5, 2026 trial date remains on the calendar.
  • Fitzpatrick also pressed the government on its handling of 2019–2020 seized communications and potential attorney‑client privileged material, noting the volume has burdened the defense.
  • New documents reported by Lawfare and The New Republic suggest Daniel Richman was not officially reappointed to the FBI during some key communications, adding to defense challenges on the case’s factual underpinnings as prosecutors deny political retribution claims tied to President Trump’s posts.