Earlier this week, the Times reported that the federal prosecution of former FBI director James Comey for making false statements to and obstruction of Congress may be in jeopardy after a magistrate judge found potential prosecutorial misconduct. In a rare move, the magistrate judge ordered the Department of Justice to turn over all materials relating to the grand jury proceedings in the case, finding that disclosure was necessary for the defense to explore the extent of alleged irregularities in that process. The magistrate judge further found that the prosecutor, Lindsey Halligan, made one or more serious misrepresentations of law to the grand jury during the government’s presentation of evidence. Additionally, the record appeared not to reflect the grand jury’s consideration of an amended indictment. The court also raised the possibility that the sole federal agent who testified before the grand jury may have disclosed information protected by attorney-client privilege. The magistrate judge’s order is available here. The district court judge presiding over the case stayed the magistrate judge’s order for release of grand jury materials to give the government a chance to respond. However, at a hearing before the district court judge later in the week, the government acknowledged that the full grand jury had not been shown the final indictment before the foreperson signed it as a true bill. The district court judge is now considering whether to grant Comey’s motion to dismiss based on prosecutorial vindictiveness and other grounds. Read on for more criminal law news. ICE Comes to [...]
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