Magistrate Judge Positions Case Against James Comey for Almost Certain Dismissal
November 17, 2025 | Sundance
At this point, anyone who is left thinking James Comey will stand trial in DC is just pretending for their own agenda. Unfortunately, the dismissal of the case against him is a foregone conclusion.
The DOJ Lawfare embeds purposefully dragged their heels toward the statute of limitations, AG Pam Bondi didn’t respond fast enough to the institutional stonewalling, and that set up Lindsey Halligan for an almost impossible task.
[SOURCE]
Former FBI Director James Comey was leaking information to the media through his friend and FBI Special Government Employee Daniel Richman. When Comey was fired in May 2017, he knew what his risks were. Comey hired Daniel Richman as his personal lawyer and legal counsel. Comey knew this would make targeting him for leaking to media more difficult.
Last month U.S. District Judge Michael Nachmanoff, the Biden appointee overseeing the criminal case against Comey, assigned magistrate judge William Fitzpatrick to review the issues surrounding potential violations of attorney-client privilege within the indictment.
Today Magistrate Judge William Fitzpatrick sides with the Comey defense and blasts the prosecution for violating attorney-client privilege. [SEE RULING HERE] In addition, Judge Fitzpatrick instructs the prosecution, Lindsey Halligan, to give the defense team all of the evidence used in the grand jury indictment.
Fitzpatrick is setting the stage to dismiss the charges. There’s zero doubt about it when you read the 24-page order.
It’s enough to make you blow a blood pressure cuff when you see a judge upholding the Fourth Amendment argument on James Comey’s behalf, considering the blatant Fourth Amendment violations that Comey conspired to violate within his fraudulent investigations of Carter Page and President Trump.
Seriously though, don’t waste any hopium on this case, and expect the judge to require the government to pay all of Comey’s legal fees.
We read enough of this stuff to see a Lawfare set up when it is visible. The Lawfare crew has this case easily won. Judge Fitzpatrick gives the defense eleven points of process with which to file a motion to dismiss.
[COURT ORDER] – First, the facts establish a reasonable basis for the defense to challenge whether the Richman Warrants were executed in a manner consistent with the Fourth Amendment and the orders of the issuing court.
Second, the facts establish a reasonable basis for the defense to challenge whether the government exceeded the scope of the Richman Warrants in 2019 and 2020 by seizing and preserving information that was beyond the scope of the warrants, that is, information that did not constitute evidence of violations of either 18 U.S.C. § 641 or § 793.
Third, the facts establish a reasonable basis for the defense to challenge whether the government had the lawful authority to search the Richman materials anew in 2025.
Fourth, the facts establish a reasonable basis for the defense to challenge whether the government’s 2025 seizure of the Richman materials included information beyond the scope of the original warrants.
Fifth, the nature and circumstances surrounding the government’s potential violations of the Fourth Amendment and court orders establish a reasonable basis to question whether the government’s conduct was willful or in reckless disregard of the law.
Sixth, the facts provide a reasonable basis for the defense to show that they were prejudiced by the government’s use of the Richman materials in the grand jury, particularly if the government’s conduct was willful or reckless, given the centrality of these materials to the government’s presentation.
Seventh, the facts establish a reasonable basis for the defense to challenge whether the government took sufficient steps to avoid the collection and review of privileged materials, including the reasons why Mr. Comey was never afforded the opportunity to assert a privilege over his communications until after the indictment was obtained.
Eighth, the facts establish a reasonable basis for the defense to challenge whether privileged information was used, directly or indirectly, by the government to prepare and present its grand jury presentation. This is particularly troublesome because the government’s sole witness before the grand jury was exposed to a “limited overview” of privileged material shortly before he testified.
Ninth, the nature and circumstances surrounding the disclosure of potentially privileged information establish a reasonable basis to question whether the government’s conduct was willful or in reckless disregard of the law. This is particularly significant because Agent-3, after having been exposed to potentially privileged information, chose to testify before the grand jury rather than separate himself from the investigation to contain any further exposure to privileged information and limit any prejudice to Mr. Comey.
Tenth, as discussed in Section IV above the prosecutor made statements to the grand jurors that could reasonably form the basis for the defense to challenge whether the grand jury proceedings were infected with constitutional error.
Eleventh, the grand jury transcript and recording likely do not reflect the full proceedings because, although it is clear that a second indictment was prepared and presented to the grand jury (ECF 3), the transcript and audio recording of the proceedings do not reflect any further communications after the grand jury began deliberating on the first indictment.
Collectively, the facts set forth herein and the particularized findings of the Court establish that “ground[s] may exist to dismiss the indictment because of a matter that occurred before the grand jury[.]” Rule 6(e)(3)(E)(ii). [more]
There are two tiers of justice.
The legal system is as rigged as the intelligence system.
It’s not Halligan’s fault; she tried.
