A federal judge has ordered prosecutors to return evidence seized from a key figure in the previously dismissed criminal case against former FBI Director James Comey, though the Justice Department may seek a new warrant for the materials.
The ruling presents a temporary setback for prosecutors considering another attempt to charge Comey, a frequent critic of President Donald Trump. U.S. District Judge Colleen Kollar-Kotelly in Washington determined that files taken from Daniel Richman, a law professor and former attorney for Comey, were improperly retained without adequate protections. The judge allowed a copy of the files to be kept with the court for safekeeping if prosecutors request a new warrant.
Richman had filed a lawsuit last month to prevent the government from using material he claimed was improperly seized during a 2019–2020 investigation, which concluded in 2021 with no charges. Kollar-Kotelly wrote that holding the files without safeguards against warrantless searches was an unreasonable seizure of property.
The judge, however, did not bar the Justice Department from using information obtained from the files in the future. Prosecutors may pursue new leads and seek a warrant to access the evidence again. Earlier this year, prosecutors relied on the files to build their case against Comey, who was indicted in October on charges of making false statements and obstructing Congress regarding his 2020 testimony about FBI officials anonymously providing information to news outlets.
Last month, a federal judge dismissed criminal cases against Comey and New York Attorney General Letitia James, ruling that the indictments were improperly secured under an unlawfully appointed U.S. attorney in Virginia’s Eastern District.