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Judge Temporarily Bars Justice Department From Using Richman Files in Comey Case

The judge said Daniel Richman is likely to prove the government violated his Fourth Amendment rights.

Overview

  • Kollar-Kotelly granted a temporary restraining order requiring DOJ to identify, segregate, and secure Richman’s seized materials and certify compliance by noon on Dec. 8.
  • Prosecutors are barred from accessing the data without court approval, with the restriction effective through Dec. 12 unless the court acts sooner.
  • The ruling cites likely success on Richman’s claim that the government unlawfully retained a full image of his computer and searched it without a warrant.
  • The seized digital trove, obtained years earlier in a separate leak probe, was presented to an Alexandria grand jury and described by a magistrate judge as central to the case against Comey.
  • The order complicates DOJ’s consideration of refiling charges after the Nov. 24 dismissal of Comey’s indictment over the unlawful appointment of the lead prosecutor.