Particle.news
Download on the App Store

Federal Judge Temporarily Bars DOJ From Using Richman Emails and Computer Data in Comey Probe

Citing likely Fourth Amendment violations, the judge ordered prosecutors to sequester the seized data by Monday, complicating plans for a quick reindictment.

Overview

  • U.S. District Judge Colleen Kollar-Kotelly granted a temporary restraining order blocking access to Daniel Richman’s emails, a full image of his personal computer, his iCloud and Columbia University accounts, and any material derived from them.
  • The court said Richman is likely to succeed on his claim that the government retained and searched a complete copy of his computer without a warrant, violating the Fourth Amendment.
  • The Justice Department must identify, segregate and secure the covered materials and certify compliance by 12 p.m. ET on Monday, with the order effective through Dec. 12 unless modified.
  • Prosecutors had relied on Richman’s communications as a cornerstone of the since-dismissed case accusing James Comey of lying to and obstructing Congress; that indictment was vacated after a judge found lead prosecutor Lindsey Halligan was unlawfully appointed.
  • The ruling adds to hurdles for any new charges, following a magistrate’s criticism of the evidence handling and raising risks that key materials could be excluded as well as concerns about statutes of limitations and a recent grand jury’s refusal to reindict Letitia James.