Blow to DOJ’s Comey strategy: Judge halts access to Richman’s files

A US federal judge on Saturday temporarily barred the justice department from accessing emails and computer data belonging to Daniel Richman, a longtime associate and attorney for former FBI director James Comey, in a setback to prosecutors exploring a fresh indictment against Comey, reported Politico.

Judge Colleen Kollar-Kotelly granted a temporary restraining order sought by Richman’s lawyers, ruling that he was “likely to succeed” on his claim that the government violated his Fourth Amendment rights by retaining and searching a full image of his personal computer without a warrant. “Uncertainty about its whereabouts weighs in favor of acting promptly to preserve the status quo,” she wrote in the four-page order.


Richman’s data - including a copy of his personal computer, iCloud account and Columbia University emails - was originally obtained during a 2017 investigation following Trump’s dismissal of Comey. While Richman had voluntarily allowed investigators to image his computer at the time, his attorneys now argue that the government unlawfully kept and reviewed information beyond the scope of authorised warrants and failed to return or destroy the material once the initial inquiries ended.

The justice department has not commented on the ruling.

Richman’s communications form part of the evidence prosecutors relied upon when Comey was charged in September with allegedly lying to Congress about his media contacts. Comey’s defence team has argued that access to Richman’s records may have tainted the case. A magistrate judge involved in the original matter also indicated that a key FBI agent may have reviewed privileged or out-of-scope material, potentially risking the validity of the prosecution.

The earlier charges were dismissed after the court found that lead prosecutor Lindsey Halligan was illegally appointed. Prosecutors are still weighing whether to seek a new grand jury indictment, where Richman’s data could again be central - but the judge’s latest order restricts access to the material until at least Friday.

Kollar-Kotelly has directed the Justice Department to confirm compliance with her order by Monday and respond to Richman’s legal claims by Tuesday. She has not yet scheduled a hearing.