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Judge Rebukes DOJ in Comey Case With Grand Jury Disclosure Order as Trial Judge Pauses Release

The opinion cites misstatements to jurors, possible privilege breaches, and gaps in the record that could support dismissal of counts.

Overview

  • Magistrate Judge William Fitzpatrick ordered prosecutors to provide James Comey’s team with all grand jury materials after finding a pattern of “profound investigative missteps.”
  • Fitzpatrick identified two statements to grand jurors that he said appeared to be fundamental misstatements of law, including on drawing inferences from a defendant’s choice not to testify.
  • The judge flagged potential exposure of attorney‑client communications and noted that an FBI agent who had seen potentially privileged material later testified to the grand jury.
  • He also questioned irregularities in the grand jury record, including missing communications after deliberations began and uncertainty over how a second indictment version was presented.
  • The Justice Department sought a stay, and U.S. District Judge Michael Nachmanoff temporarily froze disclosure while objections proceed, leaving a Jan. 5, 2026 trial date on the calendar but under strain.