Daijiworld Media Network – Washington

Washington, Dec 7: In a significant setback for federal prosecutors, a US judge has temporarily barred the Justice Department from using evidence seized from Daniel Richman — a key figure in the dismissed criminal case against former FBI Director James Comey — as officials weigh fresh charges.

Richman, a Columbia law professor and former attorney for Comey, sued the government alleging that investigators violated his Fourth Amendment rights by seizing and retaining data from his electronic devices during probes conducted in 2019 and 2020.

U.S. District Judge Colleen Kollar-Kotelly, in granting a temporary restraining order on Saturday, said Richman was likely to win his argument that authorities unlawfully kept “a complete copy of all files on his personal computer” and searched them without a warrant.

The judge ordered prosecutors to “identify, segregate, and secure” the seized materials and barred any access without court approval. The government must comply by 12 pm ET on Monday, December 8. The order will remain in effect until December 12, unless modified earlier.

Implications for revived Comey case

Prosecutors had relied heavily on the contested files to indict Comey on charges of making false statements and obstructing Congress over his 2020 testimony related to FBI officials communicating anonymously with journalists. The indictment claimed Richman, once a special FBI employee, had interacted with reporters regarding investigations into Hillary Clinton during the 2016 presidential election.

However, the earlier case was dismissed on November 24, after a judge ruled that lead prosecutor Lindsey Halligan had been unlawfully appointed. The Justice Department is currently considering whether to pursue a fresh indictment.

Richman’s lawsuit now presents another major hurdle, as he seeks a court order directing the government to delete or return all seized materials and to prevent their use in any future actions against Comey.

Concerns over handling of seized data

In a related development, U.S. Magistrate Judge William Fitzpatrick recently raised questions about how Richman’s materials were handled during an earlier leak investigation. Neither Richman nor Comey was charged in that probe.

The injunction adds fresh complications to the Justice Department’s effort to revive a politically sensitive case that has already been derailed once.