Judge flags legal 'investigative missteps' that may void charges against James Comey

ALEXANDRIA, VIRGINIA: A federal magistrate judge in Virginia on Monday, November 17, ordered prosecutors to turn over grand jury materials in the criminal case against former FBI Director James Comey. 

He said the government's conduct raises “genuine issues of misconduct” that could lead to the dismissal of all charges.

According to NBC News, in a sharply worded ruling, Magistrate Judge William Fitzpatrick said the relief Comey is seeking is “rarely granted,” but that the record shows “a disturbing pattern of profound investigative missteps” by both an FBI agent and a prosecutor that may have compromised the integrity of the grand jury process.

Judge flags 'fundamental misstatements of the law'

Fitzpatrick cited multiple errors in the grand jury presentation, including statements made by Acting US Attorney Lindsey Halligan,  a former personal lawyer to President Donald Trump with no prior prosecutorial experience.

The judge wrote that he identified “two statements by the prosecutor to the grand jurors that on their face appear to be fundamental misstatements of the law,” raising doubts about whether the indictment was lawfully obtained.

The court also found apparent gaps in the transcript of the grand jury proceedings, despite Halligan’s claim, made under oath that all material had been provided.

A separate federal judge in South Carolina had raised similar concerns last week while weighing whether Halligan should be disqualified due to questions about the legality of her appointment.

Fitzpatrick said the timing Halligan cited did not add up, suggesting either incomplete records or unprecedented irregularities in the indictment process.

“If this procedure did not take place, then the Court is in uncharted legal territory,” Fitzpatrick warned.

Judge criticizes the government’s conduct in this case

Fitzpatrick also criticized the government’s handling of potentially privileged attorney-client material, writing that the circumstances “establish a reasonable basis to question whether the government’s conduct was willful or in reckless disregard of the law.”

While noting that it is highly unusual for a defendant to obtain grand jury materials, Fitzpatrick said Comey had made a rare, fact-based showing that irregularities likely occurred and may justify dismissal of one or more charges.

Both Halligan’s office and the Justice Department declined to comment.

Lindsey Halligan pushed ahead with the case after taking charge 

Trump appointed Halligan as acting US attorney for the Eastern District of Virginia in late September after former US Attorney Erik Siebert resigned under pressure to prosecute Comey and New York Attorney General Letitia James.

Despite career prosecutors warning in a memo that Comey should not be charged, Halligan presented the case to the grand jury days after assuming office.

At a hearing earlier this month, Fitzpatrick criticized the government’s approach, saying that prosecutors allegedly appeared to have pursued an “indict first, investigate later” strategy.