Overview
- The temporary restraining order bars the government from accessing, using, or sharing Daniel Richman’s computer image and accounts, with the DOJ ordered to identify, segregate, and secure the materials and certify compliance by Monday noon.
- The judge wrote Richman is likely to succeed on his claim that agents retained a full image of his personal computer and re-searched it without a warrant, violating the Fourth Amendment.
- The covered materials include a 2017 image of Richman’s computer, his Columbia University email and iCloud accounts, and any data derived from them, which were obtained during the ‘Arctic Haze’ leak probe that ended in 2021 without charges.
- The order, effective through December 12 unless modified, tightens constraints as the Justice Department considers how to proceed after the Comey and Letitia James indictments were tossed over an unlawful appointment and a grand jury declined to re-indict James.
- U.S. Magistrate Judge William Fitzpatrick previously described the Richman trove as central to the case and questioned possible overreach and warrantless re-use, and Kollar-Kotelly now requires court approval before any further access.