WASHINGTON – The Justice Department has filed an appeal against a federal judge’s order that blocked prosecutors from using certain evidence in a potential second indictment of former FBI Director James Comey.
In filings submitted Tuesday in the U.S. District Court for the District of Columbia, prosecutors argued that Judge Colleen Kollar-Kotelly’s temporary restraining order, issued Monday, “has effectively enjoined the government from investigating and potentially prosecuting Comey.”
The order followed a request from Comey’s friend and attorney, Daniel Richman, who sought to block prosecutors from using evidence he claims was obtained illegally from his devices during an earlier national security investigation. That prior investigation, which looked into a possible leak of sensitive information, did not result in any indictments.
The Justice Department now wants to use the evidence as part of a case accusing Comey of lying to and obstructing Congress regarding whether he leaked details of the 2016 Trump investigation to the media through Richman. Much of the evidence in question comes from emails and other data on Richman’s laptop, which the judge said was not legally authorized for use in the current investigation.
Prosecutors argued that Richman’s restraining order should not be allowed to block a criminal prosecution. “The motion is not designed to secure the return of property that he needs or wants,” they wrote, calling it “a strategic tool to obstruct the investigation and potential prosecution of James Comey.”
Richman’s legal team responded Wednesday, saying the Justice Department’s filing demonstrates a disregard for legal boundaries. “The government has a vast trove of Professor Richman’s personal and professional data and no lawful basis to retain it,” they said. They added that the government essentially admitted to violating Richman’s Fourth Amendment rights, arguing that the court should overlook these violations in order to use the evidence against Comey.