"In so finding, the Court recognizes this is an extraordinary remedy, but given the factually based challenges the defense has raised to the government's conduct and the prospect that government misconduct may have tainted the grand jury proceedings, disclosure of grand jury materials under these unique circumstances is necessary to fully protect the rights of the accused, Fitzpatrick wrote in his 24-page opinion after he personally reviewed the grand jury transcripts."
"Fitzpatrick wrote that the prosecution made two problematic statements to the grand jurors that on their face seem to appear to be fundamental misstatements of the law that could compromise the integrity of the grand jury process. One particular statement is a fundamental and highly prejudicial misstatement of the law that suggests to the grand jury that Mr. Comey does not have a Fifth Amendment right not to testify at trial, Fitzpatrick wrote."
"Halligan is a real estate attorney who was appointed by Trump after the top federal prosecutor in Virginia's eastern district, Erik Siebert, resisted pressure to indict New York Attorney General Letitia James. A federal grand jury indicted Comey in September after President Trump encouraged Attorney General Pam Bondi to pursue his enemies. Comey has pleaded not guilty to the charges."
Magistrate Judge William Fitzpatrick ordered prosecutors to immediately turn over secret grand jury records in the perjury case against FBI Director James Comey. The judge personally reviewed grand jury transcripts and found a real prospect that government misconduct may have tainted the proceedings, making extraordinary disclosure necessary to protect the accused's rights. Fitzpatrick criticized prosecutor Lindsey Halligan for a litany of mistakes and identified at least two statements to grand jurors that appear to be fundamental misstatements of the law. One statement suggested Comey lacked a Fifth Amendment right not to testify at trial.
Read at www.mediaite.com
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