WASHINGTON (AP) — The Justice Department on Tuesday challenged a court order that complicated efforts to seek a new indictment against former FBI Director James Comey by making a trove of evidence off-limits to prosecutors. An order issued over the weekend by a federal judge in Washington barred the Justice Department at least temporarily from accessing computer files belonging to Daniel Richman, a close Comey friend and Columbia University law professor who prosecutors see as a central player in any potential case against the former FBI director.
Prosecutors moved Tuesday to quash that order, calling Richman’s request for the return of his files a 'strategic tool to obstruct the investigation and potential prosecution.' They stated that the judge had overstepped her bounds by ordering Richman’s property returned to him, which they claim has impeded their ability to proceed with a case against Comey.
The Justice Department alleges that Comey used Richman to share information with the news media about his decision-making during the FBI’s investigation into Hillary Clinton’s use of a private email server. Prosecutors charged the former FBI director in September with lying to Congress by denying that he had authorized an associate to serve as an anonymous source for the media.
After the initial indictment was dismissed last month, Richman filed a motion seeking the return of his records. The Justice Department had obtained these records as part of a media leak investigation that concluded without charges. Richman argues that the DOJ retained these files unlawfully. U.S. District Judge Colleen Kollar-Kotelly has sided with Richman, issuing a restraining order preventing the DOJ from accessing his files. The DOJ contends this order obstructs their investigation into Comey and maintains that federal law does not allow for such injunctions in criminal prosecutions.
Prosecutors moved Tuesday to quash that order, calling Richman’s request for the return of his files a 'strategic tool to obstruct the investigation and potential prosecution.' They stated that the judge had overstepped her bounds by ordering Richman’s property returned to him, which they claim has impeded their ability to proceed with a case against Comey.
The Justice Department alleges that Comey used Richman to share information with the news media about his decision-making during the FBI’s investigation into Hillary Clinton’s use of a private email server. Prosecutors charged the former FBI director in September with lying to Congress by denying that he had authorized an associate to serve as an anonymous source for the media.
After the initial indictment was dismissed last month, Richman filed a motion seeking the return of his records. The Justice Department had obtained these records as part of a media leak investigation that concluded without charges. Richman argues that the DOJ retained these files unlawfully. U.S. District Judge Colleen Kollar-Kotelly has sided with Richman, issuing a restraining order preventing the DOJ from accessing his files. The DOJ contends this order obstructs their investigation into Comey and maintains that federal law does not allow for such injunctions in criminal prosecutions.
