Picture courtesy of ABC News Australia | AP: Andrew Harnik, file)

 

In a significant development, a US judge has highlighted potential "investigative missteps" and "government misconduct" in the criminal case against former FBI director James Comey. In a 24-page opinion, Judge William Fitzpatrick mandated the provision of grand jury materials, including transcripts and evidence, to Comey's defence. US president Donald Trump pushed for Comey's prosecution, which led to the initiation of his charges in September.

 

Comey faces charges of obstructing a congressional investigation, having been at odds with Trump since he led the investigation into the 2016 Russian election interference. Trump dismissed Comey during his first term, leading to ongoing tension. Comey pleaded not guilty in October to accusations of lying during a 2020 congressional hearing. Trump's appointment of Lindsey Halligan as lead prosecutor, despite other prosecutors refusing due to insufficient evidence, resulted in a rapid indictment, reported the BBC.

 

The indictment has been contentious due to Halligan's appointment bypassing congressional approval, which has been challenged by Comey’s defence. Judge Fitzpatrick identified problematic statements made by Halligan to the grand jury, including misleading legal interpretations that could have compromised the jury's integrity. He noted that Halligan suggested the jury could consider additional, unspecified evidence, potentially compromising the case.

 

The judge notably granted Comey's defence team access to all grand jury materials. Complete audio recordings of the proceedings have been ordered to be released, highlighting the court’s recognition of the case's unusual nature. Judge Fitzpatrick described those actions as an "extraordinary remedy" necessary for protecting the accused's rights under these unique circumstances.

 

 

 

Key Takeaways:

 

• Judge Fitzpatrick has criticised government conduct in Comey's case.
• Grand jury materials will be shared with Comey's defence for review.
• The decision underscores potential issues with the case’s integrity.

 

Related stories:

James Comey, Ex-FBI Director, Pleads Not Guilty to Charges

Ex-FBI Chief Comey Indicted in Probe Tied to Trump-Russia Case

 

 

 

  Adapted by ASEAN Now from BBC 2025-11-18

 

 

This has a long way to go up the legal ladder nevertheless sloppy work by the prosecution.

REDUX from Soapbox:

 

Judge says James Comey indictment may be tainted by ‘profound investigative missteps’

 

Updated Nov 17, 2025, 1:48 PM ET

 

A federal judge on Monday scorched the Justice Department’s handling of years-old evidence in its case against former FBI Director James Comey, raising the possibility that the indictment may be tainted.

 

“The record points to a disturbing pattern of profound investigative missteps, missteps that led an FBI agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding,” Magistrate Judge William Fitzpatrick of the Eastern District of Virginia wrote in an opinion released Monday.

 

Fitzpatrick’s finding that Comey’s rights may have been violated with the use of the evidence collected in another investigation more than five years ago sets the table for Comey’s team to make a more robust challenge of the indictment and ask the court to dismiss it.

 

https://edition.cnn.com/2025/11/17/politics/james-comey-indictment-tainted-judge-halligan

________________________________

 

It is extremely unusual for judges to examine how prosecutors act in front of grand juries, let alone to openly criticize their conduct. But that is exactly what Judge Fitzpatrick did to Ms. Halligan.

 

He noted that during her grand jury presentation she appears to have misrepresented a basic tenet of the law by suggesting that Mr. Comey did not have the right, under the Fifth Amendment, to avoid testifying at his own trial.

 

She also appears to have made another astonishing error, Judge Fitzpatrick said. In his ruling, he pointed out that she told grand jurors that they did not have to rely solely “on the record before them” to return an indictment against Mr. Comey, but instead “could be assured the government had more evidence — perhaps better evidence — that would be presented at trial.”

 

NY Times via https://archive.ph/PMP9y

7 minutes ago, dinsdale said:

This has a long way to go up the legal ladder nevertheless sloppy work by the prosecution.

So now there are 3 Comey motions:

 

Halligan's appointment

 

Vindictive prosecution

 

Grand jury procedural violations

2 hours ago, dinsdale said:

This has a long way to go up the legal ladder nevertheless sloppy work by the prosecution.

It won't go up the legal ladder. DoJ will realize they made major mistakes on multiple fronts and have really nothing.

Ms Halligan is just another one of Trump's incompetent hires. Makes you wonder if she had to kiss something other than his a$$.

22 minutes ago, stevenl said:

It won't go up the legal ladder. DoJ will realize they made major mistakes on multiple fronts and have really nothing.

They already know that.  It's just a show trial.

On 11/18/2025 at 6:15 AM, dinsdale said:

This has a long way to go up the legal ladder nevertheless sloppy work by the prosecution.

Ugh... someone seems to have insider knowledge... perhaps from the orange Pinocchio himself.🤣

Certainly not the only government 'misconduct' going on, more's the pity.

On 11/18/2025 at 8:40 AM, shdmn said:

They already know that.  It's just a show trial.

For an audience of one.

Once Ms Halligans' 120 days in post are up, what then happens to this prosecution (if it hasn't already been binned by a judge)? Will it pass to another prosecutor (bearing in mind that it seems no one else wants to touch it,  Will The Fragrant Leader appoint yet another spectacularley blow dried novice to the post? 

 

NB: I said BLOW DRIED you smutty minded little individuals!😃

On 11/17/2025 at 3:15 PM, dinsdale said:

This has a long way to go up the legal ladder nevertheless sloppy work by the prosecution.

This kind of thing is bound to happen when qualified lawyers won’t touch this with a 10 foot pole….they know our country will still stand after trump and anyone of integrity doesn’t want to be associated with it.

NY Times headline this morning:

 

Trump Loyalist Admits Grand Jury Never Saw Final Comey Indictment
Grand jurors have to vote on indictments to approve them, but a prosecutor told the judge in the case that only the foreperson formally approved the second charging document, a move that could cripple the case

Oh ho…….tweet storms brewing the White House cutlery is in grave danger!!!⚠️ 

8 hours ago, Tug said:

Oh ho…….tweet storms brewing the White House cutlery is in grave danger!!!⚠️ 

Ketchup incoming!