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Judge Blocks DOJ’s Access to Comey Ally’s Seized Files, Complicating Reindictment Bid

The order rests on a likely Fourth Amendment violation for retaining and searching a full image of Daniel Richman’s computer without a warrant, forcing prosecutors to sequester the data as they weigh next steps.

Overview

  • U.S. District Judge Colleen Kollar-Kotelly granted a temporary restraining order barring access to emails and device data taken from Daniel Richman, a close Comey associate.
  • The judge said Richman is likely to prevail on his claim that the government unlawfully kept and searched a complete copy of his computer, and she prohibited use or dissemination without court approval.
  • DOJ must identify, segregate, and secure the Richman materials and certify compliance by noon ET on Monday, Dec. 8, with the restriction in place through Dec. 12 unless modified.
  • The materials were described by a magistrate judge as central to the grand jury presentation that led to Comey’s now-vacated indictment, and prior rulings flagged investigative irregularities.
  • The case against Comey was tossed Nov. 24 over an unlawful prosecutor appointment, and the new order narrows DOJ’s evidentiary path as it considers re-presenting charges that may face statute-of-limitations hurdles.