By Andrew Goudsward
WASHINGTON, Dec 9 (Reuters) – U.S. prosecutors on Tuesday urged a federal judge to dissolve an order temporarily blocking the use of key evidence in a potential bid to re-indict former FBI Director James Comey, arguing the ruling had improperly stalled their criminal probe.
The Justice Department filing came in response to a lawsuit by Daniel Richman, a law professor and key figure in the now-dismissed criminal case against Comey, one of President Donald Trump’s high-profile foes who has been targeted for prosecution in recent months.
Richman, a former lawyer to Comey, sued last month seeking to bar prosecutors from using material he alleged had been improperly seized from him in a prior investigation that formed a crucial part of the recent case against Comey.
U.S. District Judge Colleen Kollar-Kotelly of the District of Columbia on Saturday ordered prosecutors not to access any material extracted from Richman’s personal computer through Friday while she weighed arguments in the case.
The Justice Department argued in a filing that her ruling “has effectively enjoined the government from investigating and potentially prosecuting Comey” and that Richman had impermissibly used a civil lawsuit to constrain a criminal investigation.
Richman has argued in court filings that prior search warrants violated his right against unreasonable searches and seizures under the U.S. Constitution’s Fourth Amendment.
Reuters reported last week that the Justice Department was weighing seeking a new indictment against Comey, after a judge tossed out the previous case based on a finding that the prosecutor who brought it, Trump ally Lindsey Halligan, was unlawfully appointed interim U.S. Attorney for Virginia’s Eastern District.
Halligan signed Tuesday’s filing, using the title “United States Attorney” despite the court’s ruling, which the Justice Department has so far not appealed. The department said in a statement on Monday that Halligan is following guidance from its Office of Legal Counsel, which provides legal advice to federal agencies.
The previous indictment accused Comey of lying in 2020 testimony before a Senate panel when he said he stood behind a prior statement that he had not authorized FBI officials to serve as anonymous sources to the news media. The indictment alleged Richman, once a special FBI employee, communicated with reporters about investigations into Hillary Clinton, Trump’s Democratic rival in the 2016 election.
Comey pleaded not guilty and maintained he was targeted because of Trump’s personal animosity toward him.
(Reporting by Andrew Goudsward; Editing by Andrea Ricci)
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