Judge Rules DOJ Needs Warrant For Dismissed Files In Comey Case

A federal judge has ordered prosecutors to return evidence seized from a key figure connected to the now-dismissed criminal case against former FBI Director James Comey, while leaving the door open for the Justice Department to re-obtain the material through a new warrant—underscoring that the case may be far from over.

U.S. District Judge Colleen Kollar-Kotelly ruled in Washington that files taken from Daniel Richman, a law professor and former attorney for Comey, must be returned. However, the court may retain a copy of the materials for safekeeping should prosecutors seek a new warrant in the future, according to Reuters.

The ruling marks a procedural setback for the Justice Department as it evaluates next steps in a potential renewed prosecution of Comey, who was fired by President Donald J. Trump in May 2017 during his first term amid mounting concerns over politicization inside the FBI.

Richman filed suit last month arguing that the government improperly seized the materials during an investigation conducted between 2019 and 2020. While ordering their return, Kollar-Kotelly allowed the court to preserve access to the records under judicial supervision, balancing compliance with the ruling against the government’s stated interest in continuing its investigation.

The original probe concluded in 2021 without charges. In her decision, released Friday night, Kollar-Kotelly said it was unreasonable for prosecutors to retain copies of Richman’s files indefinitely without safeguards preventing them from being searched in future investigations absent a valid warrant.

At the same time, the judge declined to prohibit prosecutors from relying on the information altogether. She ruled that the Justice Department may pursue investigative leads derived from its earlier review of the materials and may seek a new warrant to lawfully obtain them again.

Prosecutors had relied on the seized files earlier this year in their case against Comey. The former FBI director was indicted in October on charges of making false statements and obstructing Congress, stemming from his 2020 testimony related to anonymous disclosures by FBI officials to media outlets.

Last month, however, a federal judge dismissed the criminal cases against Comey and New York Attorney General Letitia James after determining that both indictments were secured by an unlawfully appointed U.S. attorney in Virginia’s Eastern District. Since that ruling, two separate grand juries have declined to re-indict James—an outcome widely viewed as unusual.

Despite the dismissal, FBI Director Kash Patel has made clear that the Trump administration does not consider the matter closed. Speaking with The Epoch Times senior editor Jan Jekielek, Patel said the administration retains multiple avenues to proceed.

“The judicial process can make whatever determination it wants, but we at the FBI and our partners at the DOJ have numerous options to proceed, and we’re executing on all those options,” Patel said.

Pressed for specifics, Patel added, “I would say stay tuned for right after Thanksgiving and you’ll see multiple responses, in my opinion.”

Patel also referenced explosive findings tied to the so-called “burn bags,” signaling that additional disclosures may be forthcoming.

“You’re going to see everything we found in that room, in one way or another, be it through investigation, public trial, or disclosure to the Congress,” Patel said.

“It is the single largest weaponization, politicization of law enforcement against America, and specifically targeting a political party, because the institutional elite in Washington, D.C., didn’t like them and didn’t want them to win,” he added.

Separately, U.S. District Judge Cameron McGowan Currie ruled last month that Lindsey Halligan had been improperly appointed interim U.S. attorney just two days before filing Comey’s case. Currie determined that her appointment was legally defective, invalidating her actions—including signing Comey’s indictment.

“I conclude that all actions flowing from Ms Halligan’s defective appointment, including securing and signing Mr Comey’s indictment, constitute unlawful exercises of executive power and must be set aside,” Currie wrote.

Both the Comey and James cases were dismissed without prejudice, meaning prosecutors may refile them—an outcome that keeps pressure on figures long accused by conservatives of benefiting from a two-tiered justice system.