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Judge Rules DOJ Errors in Comey Indictment, Orders Materials

Published 17 November 2025

A federal judge in Washington ruled on Monday that the Justice Department committed a series of serious investigative errors in obtaining an indictment against former FBI Director James Comey, ordering prosecutors to turn over all grand jury materials to the defense team for review.

Magistrate Judge William Fitzpatrick described the issues in a 24-page opinion as a "disturbing pattern of profound investigative missteps" that potentially compromised the integrity of the grand jury process. The indictment, secured in September, stems from allegations related to Comey's handling of sensitive information during his tenure at the FBI. Fitzpatrick noted that such relief for the defense is rarely granted but justified it based on the record before the court.

Among the problems identified were fundamental misstatements of the law presented by a prosecutor to the grand jury, the inclusion of potentially privileged communications in the investigation, and unexplained irregularities in the transcript of the grand jury proceedings. "The record points to a disturbing pattern of profound investigative missteps, missteps that led an FBI agent and a prosecutor to potentially undermine the...

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