Judge Rules Against DOJ on Comey Evidence

Decision adds obstacle before prosecutors seeking new indictment
Posted Dec 7, 2025 12:16 PM CST
Judge Rules Against DOJ on Comey Evidence
Former FBI Director James Comey, with his attorney, David Kelley, right, speaks to reporters after a day of testimony before the House Judiciary and Oversight committees on Capitol Hill in December 2018.   (AP Photo/J. Scott Applewhite, File)

A federal judge has temporarily blocked the Justice Department from using key evidence to seek a new indictment against former FBI Director James Comey, complicating the Trump administration's efforts to bring fresh charges as soon as next week. The ruling was issued Saturday night by Judge Colleen Kollar-Kotelly in Washington, the New York Times reports. The decision prevents prosecutors from relying on communications between Comey and Daniel Richman, a Columbia law professor and former federal prosecutor, which formed the backbone of the original case against Comey, though it does not preclude another attempt to win an indictment, per the AP.

The initial indictment accused Comey of lying to Congress about leaking information related to sensitive FBI investigations. The administration's case has faced repeated setbacks, including questions about the legality of how the Justice Department obtained Richman's emails and text messages. Richman argued in an emergency filing submitted Friday night that prosecutors violated his constitutional rights by accessing and retaining more of his communications than original search warrants allowed, and by failing to secure new warrants when the investigation was revived, per the Times.

Kollar-Kotelly found merit in these claims, ordering the government not to access or disclose the messages without her approval. She instructed prosecutors to confirm compliance by Monday and to submit their objections by Tuesday. It's not clear that the Justice Department could secure new charges against Comey even if it could use Richman's communications, per the AP. Comey's lawyers have said the statute of limitations on the charges has expired.

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