DOJ appeals judge’s order forcing the release of grand jury materials in Comey case

Washington Examiner ^ | November 6, 2025 6:14 pm | Kaelan Deese

[E. Pluribus Unum]

The Justice Department moved Thursday to block a federal magistrate judge’s order requiring prosecutors to immediately turn over grand jury materials in the criminal case against former FBI Director James Comey.

U.S. Magistrate Judge William Fitzpatrick stunned prosecutors Wednesday when he made the rare decision to order them to provide the materials to Comey’s defense team by the end of Thursday, expressing concern that the Department of Justice may have “indicted first and investigated later.”

Comey has pleaded not guilty to charges that he lied to Congress in 2020 about authorizing leaks to the media concerning the Hillary Clinton email investigation and the Trump-Russia probe. His trial is set to begin Jan. 5.

The materials sought by the defense include years-old communications between Comey and Columbia Law School professor Daniel Richman, whom prosecutors say the former FBI chief encouraged to speak anonymously to journalists about bureau matters.

Comey’s attorneys argue those communications, and the handling of them, could show misconduct before the grand jury and support dismissal of the indictment, saying their client is being singled out for political retribution by President Donald Trump.

“For decades the DOJ has maintained the highest standard of ethics,” Comey’s defense team wrote in a recent filing. “This case marks a sharp departure from that tradition.”

Prosecutors, however, say the magistrate judge’s order blew past legal safeguards and must be reversed. In their filing Thursday, the government said the defense must show “particularized and factually based grounds” that something improper occurred in front of the grand jury before any disclosure can be ordered, a burden they say Comey has not met.  

The government also stressed that the matter will now proceed to the U.S. Court...

[E. Pluribus Unum]

I thought grand jury testimony was sacred?

It's all so confusing.

[Lod881019]

That handwritten note about pleasing Hillary Clinton is pretty damning

[Political Junkie Too]

Yeah, one federal judge blocks the release of Epstein grand jury materials, and another federal judge orders the release of Comey grand jury materials?

Epstein gets more protections than Comey? The judge is clearly trying to taint the jury pool.

-PJ

[CivilWarBrewing]

One thing is for SURE, Comey still has RATS still inside the FIB who are feeding him information.

[frank ballenger]

RE: “For decades the DOJ has maintained the highest standard of ethics,” Comey’s defense team wrote in a recent filing.

And we’re supposed to listen to lawyers when they routinely lie like that? The DOJ was the sleaziest, filthiest, foul cesspool of raw sewage in the country all that time.

Sorry to the handful of lawyers on FR.

[Dr. Franklin]

I thought grand jury testimony was sacred? It's all so confusing.

The grand jury testimony about Jeffrey Epstein must remain sealed to protect Bill Clinton, but Comey's must be released. Try rationalizing that.

[Paladin2]

The Judge apparently wants the case tried in the Press.

[lastchance]

I did too. Perhaps we have arrived at an alternate universe.

[TornadoAlley3]

Brennan and Clapper grand juries to indict soon.

[Ex-Con777]

Team Comey had a chance to be at, and address, the grand jury. Their absence should not give them access to what they refused to access previously.

EC