A federal magistrate judge in Virginia sharply criticized the Justice Department on Monday for what he described as a “disturbing pattern of profound investigative missteps” in the criminal case against former FBI Director James Comey, ordering prosecutors to disclose all grand jury materials to the defense.
Magistrate Judge William Fitzpatrick (some reports cite Fitzgerald) ruled that serious procedural and substantive irregularities occurred during the grand jury proceedings that indicted Comey in September on charges of making false statements and obstructing a congressional investigation.
In a 24-page opinion, Fitzpatrick highlighted “fundamental misstatements of the law” made by the prosecutor to grand jurors, the use of potentially privileged communications during the investigation, and unexplained gaps in the grand jury transcript.
The judge noted that the prosecutor appeared to have improperly suggested grand jurors could draw negative inferences from Comey’s constitutional decision not to testify.
Fitzpatrick concluded that the irregularities, which involved both an FBI agent and the lead prosecutor, may have undermined the integrity of the proceeding and prejudiced the defendant.
The sole prosecutor presenting evidence to the grand jury was Lindsey Halligan, appointed days earlier as interim U.S. attorney for the Eastern District of Virginia.
Halligan, a former White House aide with no prior prosecutorial experience who previously represented President Donald Trump in civil matters, has faced separate judicial skepticism about the legality of her appointment.
Prosecutors have asked the court to pause the disclosure order, arguing the judge may have misinterpreted certain facts.
The ruling marks the latest judicial scrutiny of Justice Department cases brought against prominent critics of President Trump, including Comey, former national security adviser John Bolton, and New York Attorney General Letitia James.