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Justice Department Moves to Lift Judge’s Block on Evidence in Potential Comey Re‑Indictment

The request targets a temporary order sequestering Daniel Richman’s digital records that prosecutors say is halting their probe.

Overview

  • U.S. prosecutors asked Judge Colleen Kollar-Kotelly to dissolve her temporary restraining order that bars access to material taken from Daniel Richman’s devices.
  • The order, issued Saturday, keeps investigators from using the data through Friday and put the dispute on a fast track with certification and briefing deadlines.
  • Justice Department lawyers argue the sequestration effectively stops their investigation of James Comey and say Richman cannot use a civil suit to constrain a criminal inquiry.
  • Richman claims prior warrants and the government’s retention and later searches of his data violated the Fourth Amendment, and the court directed the data to be identified and secured.
  • The original Comey and Letitia James indictments were tossed over Lindsey Halligan’s unlawful appointment; DOJ is weighing next steps as a Norfolk grand jury recently declined to indict James and Halligan signed the new filing as “United States Attorney” under OLC guidance.