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DOJ Moves to Lift Order Blocking Use of Richman Files in Comey Probe

Prosecutors say a judge’s restraint on Daniel Richman’s seized data has halted what they describe as an active criminal investigation.

Overview

  • U.S. District Judge Colleen Kollar-Kotelly issued a temporary restraining order sequestering Richman’s computer, iCloud, and Columbia email data and barring access while she weighs his Fourth Amendment claims.
  • The Justice Department asked the judge to dissolve the order, arguing Richman’s Rule 41(g) petition is a bid to suppress evidence and that courts cannot enjoin a federal investigation or future prosecution.
  • In Tuesday’s filing, the department characterized the matter as a pending criminal investigation and a potential federal prosecution, signaling it may seek new charges against James Comey.
  • The prior Comey indictment was dismissed after a court found Lindsey Halligan was unlawfully appointed; Halligan signed the latest DOJ filing and is listed as U.S. attorney under Office of Legal Counsel guidance.
  • Kollar-Kotelly directed prosecutors to identify and segregate the seized data and to propose a filter protocol to protect privileged or nonresponsive material, echoing concerns flagged by a magistrate about possible contamination.