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DC Judge Sides With Comey Ally, Bars DOJ From Using Seized Evidence

A federal judge in Washington, D.C., has temporarily barred the Department of Justice from using certain material connected to Daniel Richman, an associate of former FBI Director James Comey, as prosecutors consider whether to pursue a renewed case against the ex-director following the dismissal of earlier charges.

U.S. District Judge Colleen Kollar-Kotelly issued the order on Saturday, ruling that the Justice Department may not use information taken from Richman while the court reviews his legal challenge.

Richman, a law professor and former attorney for Comey, filed a motion seeking the return of material seized during investigations in 2019 and 2020.

“Upon consideration of Petitioner Daniel Richman’s Motion for Temporary Restraining Order, the relevant legal authority, and the entire present record, the Court concludes that Petitioner Richman is entitled to a narrow temporary restraining order to preserve the status quo while the Court evaluates his Motion for Return of Property and awaits full briefing and argument from the parties,” the ruling said.

The court added that the facts “weigh in favor of entering a prompt, temporary order to preserve the status quo now, before the Government has filed a response.”

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Richman argued in his lawsuit that prosecutors violated his Fourth Amendment rights by seizing data from his electronic devices and retaining full copies of his personal files.

Kollar-Kotelly wrote that “Richman is likely to succeed on the merits of his claim that the government has violated his Fourth Amendment right … by retaining a complete copy of all files on his personal computer … and searching that image without a warrant.”

The judge ordered the DOJ to “identify, segregate, and secure” materials obtained from Richman’s devices and to bar access to the information without court approval.

The department must comply by noon on Monday.

Prosecutors had used the files while pursuing an indictment against Comey on charges of making false statements and obstructing Congress relating to his 2020 testimony about FBI officials anonymously sharing information with news outlets.

The indictment stated that Richman, who previously served as a special FBI employee, had communicated with reporters regarding investigations into 2016 presidential candidate Hillary Clinton during the election year that resulted in President Donald Trump’s victory.

Saturday’s order will remain in effect through December 12 unless modified by further court action.

The ruling comes as the Justice Department considers whether to bring a new indictment against Comey after the previous case was dismissed last month.

That dismissal followed a finding by another judge that the lead prosecutor, Lindsey Halligan, had been unlawfully appointed.



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