New Warning Signs in DOJ's Trump-Ordered Case Against Comey

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‘Highly unusual’: New warning signs for DOJ’s Trump-ordered case against Comey - Politico

New Warning Signs in DOJ’s Trump-Ordered Case Against Comey

The Justice Department’s prosecution of James Comey has encountered highly unusual obstacles, raising questions about the integrity of the case. A federal magistrate judge expressed concern over whether privileged material was improperly obtained and used against Comey, who was indicted under unusual circumstances by a single DOJ attorney rather than a team of career prosecutors.

Concerns Over Handling of Privileged Materials

The judge focused on materials seized from Comey’s associate, Daniel Richman, during search warrants tied to the FBI’s Russia probe investigation. Since Richman once served as Comey’s lawyer, the defense argues these materials could contain privileged information not yet reviewed, complicating the prosecution’s case and prompting the judge to demand full disclosure.

Implications for the Indictment Process

Amid frustrations over the DOJ’s opaque handling of evidence and grand jury records, the judge ordered prosecutors to provide all relevant documents to Comey’s defense. This unprecedented demand highlights procedural irregularities and fuels claims that the prosecution may be politically motivated, challenging the case’s legitimacy.

About the People Mentioned

James Comey

James Brien Comey Jr. (born December 14, 1960) is an American lawyer who served as the seventh Director of the Federal Bureau of Investigation (FBI) from September 2013 until his dismissal in May 2017. Before leading the FBI, Comey held prominent roles in the U.S. Department of Justice, including U.S. Attorney for the Southern District of New York (2002–2003) and Deputy Attorney General (2003–2005), the latter being the second-highest position in the DOJ. After leaving government service in 2005, he worked as general counsel for Lockheed Martin and Bridgewater Associates, and was a scholar at Columbia Law School[1][3][4]. Appointed by President Barack Obama, Comey’s tenure as FBI director was marked by high-profile investigations. He oversaw the inquiry into Hillary Clinton’s use of a private email server while Secretary of State. In July 2016, he publicly criticized Clinton’s judgment but cleared her of criminal charges. However, shortly before the 2016 presidential election, Comey controversially announced the reopening of the investigation based on new emails, which many analysts believe influenced the election outcome that favored Donald Trump[1][2][5][9]. Under President Trump’s administration, Comey confirmed the FBI’s investigation into possible Russian interference and contacts with the Trump campaign. This period included Comey’s public refutation of Trump’s unsubstantiated wiretapping claims. On May 9, 2017, President Trump abruptly fired Comey, a decision that drew extensive media attention and political debate[2][5]. Most recently, in September 2025, Comey was indicted by a federal grand jury on charges of making false statements and obstruction[9]. His career remains significant in discussions of U.S. law enforcement and political history.

About the Organizations Mentioned

Justice Department

The United States Department of Justice (DOJ) is the principal federal agency responsible for enforcing federal laws, ensuring public safety, and protecting civil rights. Headquartered in Washington, D.C., the DOJ operates under the leadership of the Attorney General, who serves as a key member of the President’s Cabinet. As of 2025, Pam Bondi holds this position, having taken office in February and quickly shaping the department’s priorities. Established in 1870 during President Ulysses S. Grant’s administration, the DOJ’s roots trace back to the creation of the Attorney General’s office in 1789. Over the years, it has grown into a vast organization with more than 115,000 employees and over 40 component agencies, including the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and U.S. Marshals Service. The DOJ also houses specialized divisions for criminal, civil, antitrust, tax, civil rights, and national security matters, and oversees 94 U.S. Attorney offices nationwide. The DOJ’s mission centers on upholding the rule of law, safeguarding national security, and defending civil liberties. In 2025, the department has shifted its enforcement focus, prioritizing areas such as healthcare fraud, customs and tariff evasion, and corporate misconduct, especially involving foreign adversaries and financial gatekeepers. Recent policy changes have emphasized efficiency in investigations and reduced reliance on corporate compliance monitors, reflecting a broader effort to minimize regulatory burdens on businesses. Notably, the DOJ has also been tasked with reviewing past government conduct to address concerns about the “weaponization” of federal agencies, ensuring accountability and restoring public trust. For business and technology leaders, the DOJ’s evolving priorities—particularly in areas like cybersecurity, antitrust, and international trade—have significant implications for compliance, risk management, and corporate governance.

FBI

The Federal Bureau of Investigation (FBI) is a premier law enforcement agency in the United States, renowned for its role in protecting the nation from domestic and international threats. Founded on July 26, 1908, as the Bureau of Investigation, it was initially tasked with addressing land fraud and corporate malfeasance under President Theodore Roosevelt[1][2]. Over time, its mandate expanded significantly, particularly with the passage of the Mann Act in 1910, which allowed federal jurisdiction over certain moral offenses[1][4]. ### History and Evolution The FBI underwent significant transformation under J. Edgar Hoover, who became its director in 1924. Hoover implemented strict hiring standards and enhanced operational capabilities, transforming the agency into a robust investigative force[1][4]. The FBI's name was officially changed to the Federal Bureau of Investigation in 1935[5][6]. Throughout its history, the FBI has faced challenges, including concerns about potential abuses of power, but it has consistently demonstrated its value in national security and law enforcement[3][4]. ### Key Achievements The FBI has been instrumental in combating various crimes, including white-collar offenses, civil rights violations, and national security threats. Notable achievements include its role in enforcing the Espionage Act during World War I and its investigations into organized crime throughout the 20th century[2][4]. ### Current Status Today, the FBI is a sophisticated agency with over 37,100 employees, including special agents and professionals in various fields such as intelligence analysis and cybersecurity[5]. It operates in 55 field offices across the U.S. and has an international presence in 81 nations[5]. The FBI continues to evolve, addressing emerging threats like cybercrime and terrorism while maintaining its commitment to justice and integrity. ### Notable Aspects The FBI is known for its rigorous training programs at the FBI Academy in Quantico, Virginia, and its advanced forensic capabilities at the FBI Laboratory. Its work in business and technology includes

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