A Federal Judge Scrambled the Justice Department's (DOJ) effort to Resurrect its Case against Ex-FBI Director James Comey (I), finding Prosecutors likely Violated Comey's former Lawyer's Constitutional Rights by using His emails and Computer Files Seized years ago. The DOJ's path to Re-Prosecute Comey, after another Judge Tossed His Indictment late last month, appears increasingly Complicated, as the DOJ continues to Run into Legal Challenges to its Rushed Prosecution. Senior U.S. District Judge Colleen Kollar-Kotelly Blocked the Government from Accessing Data taken from Daniel Richman, Comey's Friend and former Attorney.
The Judge granted a Temporary Restraining Order, Halting the DOJ from Searching or Relying on Evidence Richman's Lawyers argued was Illegally Seized and Retained. She wrote in Her Order that Richman was "likely to succeed" in showing "the Government has violated his Fourth Amendment right against unreasonable searches and seizures by retaining a complete copy of all files on his personal computer" and searching those files without a warrant.
Kollar-Kotelly noted the Government has Not said Who has Custody of the Materials, so "uncertainty about its whereabouts weighs in favor of acting promptly to preserve the status quo."
Her Order Required the Government to Certify by Monday that it is Complying. Another Judge last month, also Scrutinized the DOJ's Reliance on Evidence pulled years ago, to probe Richman's Devices and email Accounts during the "Arctic Haze" Investigation. Magistrate Judge William Fitzpatrick questioned whether the Government had Overstepped by "rummaging" through Evidence from Prior Searches and Materials, that could have been Privileged to Shape the since Dismissed Indictment.
He described "a disturbing pattern of profound investigative missteps, missteps that led an FBI agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding." What they're saying: Richman's Attorneys Argued in a Late November Filing, that the Government's Alleged "over-seizure and retention" of His Files, and the Subsequent Warrantless Search showed "Callous Disregard" for His Constitutional Rights.
Comey was Originally Indicted on Charges of Lying to Congress and Obstructing its Investigation into the Russia Probe. He Pleaded Not Guilty.
Saturday's Roadblock will likely Stand in the way of any Attempt for the Government to Use the same Evidence to again seek an Indictment against Comey, a Process that could also be Hindered by the Expiration of the Statute-of-Limitations on the Charges He Faced.
Attorney General Pam Bondi (R) had Vowed to take "all available legal action, including an immediate appeal" after Senior U.S. District Judge Cameron McGowan Currie Dismissed Comey's and NY AG James' (D) Cases. But To-Date, the DOJ has yet to File an Appeal.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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