Judge blocks DOJ from using Daniel Richman's files as James Comey case efforts continue

WASHINGTON, DC: A federal judge's ruling on Friday, December 12, prohibits the Department of Justice from keeping any electronic data they confiscated from James Comey’s friend Daniel Richman, as reported by CNN.

Colleen Kollar-Kotelly said that the DOJ violated Richman’s “Fourth Amendment rights” with “unreasonable searches” and invasion of his property. 

Federal judge orders DOJ to return Daniel Richman’s property 

In a 46-page-long opinion, Judge Colleen Kollar-Kotelly supported Richman’s argument when he challenged the government’s retention and use of certain files that the DOJ copied from his personal assets and devices between 2017 and 2020 in connection with former FBI director James B Comey.

The opinion stated that Richman sought an order directing the DOJ to return his devices and also filed a temporary restraining order to limit the government’s ability to use the files “while this matter is pending.”

The court partially granted Richman’s application while it waited for a formal reply from the government. However, the DOJ opposed the petitioner’s request and said that his motion was “nothing more than an improper collateral attack” on the ongoing investigation against Comey. 

However, the court agreed with Daniel Richman and believed that the use of his files by the government "violated his Fourth Amendment rights," specifically the government making a copy of his personal laptop, including backups of his phone and tablet, as well as creating a backup of materials from his online accounts. 

“The Court also agrees with Petitioner Richman that the Government’s conduct reflects a ‘callous disregard’ for his constitutional rights,” the opinion stated. 

Federal judge allows DOJ to make one complete copy

The opinion stated that to protect access to the files to lawfully use them in later proceedings, the DOJ could create “one complete electronic copy” and deposit the same under seal with the US District Court in the Eastern District of Virginia. 

It added that the court may “exercise its discretion to decide” whether to allow Richman to “quash any such warrant before it is executed.”

The opinion gave the Attorney general a deadline till Monday to return the “covered materials” to Richmond, and to have “not retained any additional” copies of the same.

The Department of Justice alleged that James Comey used Daniel Richman to share information with the media about his decision-making while the FBI investigated Hillary Clinton for using a private email server in 2016.

At the time, Comey was charged with lying to Congress by denying that he had authorized an “associate” to leak information to the media. 

However, the case was dismissed in November 2025 after a judge ruled that the prosecutor Lindsey Halligan was unlawfully appointed by Donald Trump’s government.