WASHINGTON (AP) — The Justice Department (DOJ) has formally contested a court ruling issued by a federal judge that limits their access to essential evidence in their ongoing investigation against former FBI director James Comey. The ruling has raised concerns that it could disrupt the efforts to seek a new indictment against him.
The federal judge's order, which was issued earlier this week, forbids the DOJ from accessing the computer files of Daniel Richman, a close friend of Comey and a law professor, who prosecutors view as a key figure in potential proceedings against the former FBI head.
In response, the DOJ has filed a motion to quash the order, alleging that Richman's request for the return of his computer files serves as a strategic tool to obstruct the investigation. The prosecutors contend that the judge exceeded her authority by ordering the files to be returned to Richman and argue that this ruling hinders their pursuit of a case against Comey.
Comey has been indicted on charges of lying to Congress about authorizing an associate to act as a source for the media following his decision to publicly address the investigation into Hillary Clinton's email usage. The DOJ claims that this association was vital for Comey's communication with the news media concerning the investigation.
This latest development arrives after a previous indictment against Comey was dismissed, which was based on the ruling that the prosecutor involved was improperly appointed. Despite this setback, the federal court left the option open for the government to pursue charges.
Richman's attorneys argue that the records the Justice Department wishes to access were improperly retained for years, stating they contain a significant amount of privileged communication that should not be under the DOJ's scrutiny. They maintain that the searches conducted by the DOJ without proper warrants have led to an inappropriate retention of these files.
U.S. District Judge Colleen Kollar-Kotelly has temporarily sided with Richman's legal team, issuing a restraining order that requires the DOJ to return the computer records and prohibiting further access. However, the DOJ maintains that this order significantly obstructs their ability to investigate and potentially prosecute Comey.
Judge Kollar-Kotelly has indicated a willingness to allow both sides to present further arguments before making any final decisions on the matter. She suggested that Richman should have the opportunity to examine the materials and assert any necessary claims regarding attorney-client privilege.
