"The indictment of former FBI Director James Comey is deeply problematic. Career prosecutors didn't want to touch it with a 10-foot pole but Comey is a political enemy of the president of the United States, so here we are. The barebones indictment is conclusory at best, alleging Comey lied to Congress in 2020, and is is so vague that it could apply to two alternate theories of the case."
"Judge Fitzpatrick appeared to agree with those concerns during Wednesday's hearing, as he repeatedly pressed Assistant U.S. Attorney Tyler Lemons over what materials the government had reviewed and why the disputes over privilege were not settled during the more than five years that the government had those communications in its possession Fitzpatrick, citing what he described as "unusual" behavior by the Justice Department and the quickly approaching January trial date, ordered the government to hand over "all grand jury materials" related to its investigations of Comey by Thursday at 5 p.m. ET - an urgent deadline that reflected Fitzpatrick's concern over the government's conduct.Judge Fitzpatrick slammed the government's actions, saying it felt like an "indict first, investigate second" situation."
The indictment of James Comey is characterized as legally thin, vague, and politically motivated. Career prosecutors declined to pursue charges, but a politically aligned prosecutor brought a barebones case alleging a 2020 lie to Congress. The prosecution has produced embarrassing litigation conduct and intensified concerns during a recent hearing. Magistrate Judge William Fitzpatrick pressed prosecutors about stale, privileged materials collected over five years and ordered all grand jury materials produced urgently. The judge described Justice Department behavior as "unusual" and likened the approach to "indict first, investigate second." Earlier investigations by DOJ prosecutors reportedly declined to indict for lack of evidence.
Read at Above the Law
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