Central figure in Comey case files lawsuit to prevent evidence from being used as DOJ considers another indictment

WASHINGTON, Dec 2 Daniel Richman, a law professor and former attorney for ex-FBI Director James Comey, has filed a request with a federal judge to prevent prosecutors from using critical evidence in a case that has already been dismissed, according to court records released Tuesday.

The evidence in question could play a central role if prosecutors attempt to revive charges against Comey. Reuters reported Monday that the Justice Department is considering a new indictment this week following a judges decision to dismiss charges against Comey and New York Attorney General Letitia James, who were seen as opponents of former President Donald Trump. The judge ruled that Lindsey Halligan, the prosecutor handling the cases, was improperly appointed.

Richman initiated a lawsuit in the U.S. District Court for the District of Columbia, contesting the use of materials seized from his electronic devices during a separate 2019-2020 FBI investigation. He claims this seizure violated his Fourth Amendment rights, which protect against unreasonable searches and seizures.

This lawsuit is among several potential obstacles prosecutors could face if they pursue new charges against Comey, who had pleaded not guilty to the original accusations. The Justice Department has not immediately commented on the matter.

The seized material had been used by prosecutors to charge Comey with making false statements and obstructing Congress, linked to statements he gave to a Senate committee in 2020 about FBI officials allegedly acting as anonymous sources. The indictment suggested Richman, previously a special FBI employee, communicated with reporters about an investigation concerning Hillary Clinton during the 2016 election.

U.S. Magistrate Judge William Fitzpatrick recently noted that prosecutors might have mishandled material obtained from Richman in the earlier probe into potential classified information disclosures. Neither Comey nor Richman faced charges in that earlier investigation.

Fitzpatrick also found that prosecutors revisited the material this year for a separate investigation into Comey without securing a new warrant. They contested this ruling before the case was dismissed on different grounds.

Richmans legal action requests a court order requiring prosecutors to either delete or return the seized material and to prohibit any further use of improperly obtained evidence.

(Reporting by Andrew Goudsward; editing by Scott Malone and Rod Nickel)

Author: Sophia Brooks