Judge hints at Comey indictment dismissal, orders grand jury material release

A federal magistrate judge on Monday raised the possibility that a criminal indictment against former FBI director James Comey on charges of lying to Congress could be dismissed because he ordered the Justice Department to release all grand jury materials related to Comey’s case to him by the end of the day.

Judge William Fitzpatrick said the prosecutor potentially violated court orders and Comey’s Fourth Amendment rights, which “provides a reasonable basis for questioning whether the government’s conduct was intentional or reckless disregard of the law.”

“The facts set forth herein and the specific findings of the Court establish that: ‘Reason[s] Fitzpatrick wrote in his decision in the U.S. District Court for the Eastern District of Virginia that he may have to dismiss the indictment because of an issue that occurred before the grand jury.

The judge said he agreed that it was an “extraordinary solution” for the Justice Department to order Comey to release an audio recording of the proceedings, as well as all materials related to the grand jury that indicted him.

“However, given the defense’s factual objections to the government’s conduct and the possibility that government misconduct may have tainted the grand jury hearing, disclosure of grand jury materials under these unique circumstances is necessary to fully protect the defendant’s rights,” Fitzpatrick wrote. wrote Fitzpatrick.

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