In a significant legal development, a United States federal judge has issued a temporary order preventing the Justice Department from accessing sensitive emails and computer data belonging to Daniel Richman, a close associate and longtime attorney for former FBI Director James Comey. This move deals a blow to prosecutors who are considering a fresh indictment against Comey.
Temporary Restraining Order Granted
Judge Colleen Kollar-Kotelly granted the temporary restraining order on Saturday after arguments from Richman's legal team. In her four-page order, the judge stated that Richman was "likely to succeed" in his claim that the government violated his Fourth Amendment rights. The judge ruled that authorities had improperly retained and searched a complete image of his personal computer without a valid warrant.
Judge Kollar-Kotelly emphasized the need for urgency, writing, "Uncertainty about its whereabouts weighs in favor of acting promptly to preserve the status quo." The order restricts the Justice Department's access to the material at least until this Friday.
Background of the Data Seizure
The data in question—which includes a copy of Richman's personal computer, his iCloud account, and his Columbia University emails—was first obtained back in 2017. This was during the investigation that followed President Donald Trump's dismissal of James Comey from the FBI.
While Richman had voluntarily allowed investigators to create an image of his computer at that time, his attorneys now contend that the government acted unlawfully. They argue that officials kept and reviewed information that went beyond the scope of the authorised warrants. Furthermore, they claim the government failed to return or destroy the material once the initial investigation concluded.
Impact on the Comey Prosecution
Richman's communications are a key part of the evidence prosecutors used when they charged James Comey in September. Comey was accused of allegedly lying to Congress about his contacts with the media. Comey's defence team has argued that the access to Richman's records may have contaminated the entire case.
Adding weight to this argument, a magistrate judge involved in the original matter indicated that a key FBI agent might have reviewed privileged material or information outside the authorised scope. This could potentially risk the validity of the prosecution.
These earlier charges against Comey were eventually dismissed after the court found that the lead prosecutor, Lindsey Halligan, was illegally appointed. Prosecutors are still deciding whether to seek a new grand jury indictment, where Richman's data would once again be central. However, the judge's latest order now blocks their access to this crucial material.
Judge Kollar-Kotelly has directed the Justice Department to confirm it is complying with her order by Monday and to respond to Richman's legal claims by Tuesday. A hearing on the matter has not yet been scheduled. The Justice Department has not offered any public comment on the ruling.
