A federal judge in the Eastern District of Virginia ordered prosecutors to turn over all discovery required under federal law to former FBI Director James Comey’s legal team.
He directed them to do so by 5 p.m. Monday.
The order by U.S. District Judge Michael Nachmanoff, who was appointed under former President Joe Biden, came as federal prosecutors asked the court to restrict what information Comey can access or keep related to the case, the Washington Examiner reported.
Comey on Wednesday pleaded not guilty to charges of making false statements to Congress and obstructing a congressional proceeding in connection with his 2020 Senate testimony.
A trial date has been set for Jan. 5 in Alexandria, Virginia. If convicted, Comey faces up to five years in prison.
Nachmanoff’s order followed a defense complaint that prosecutors had not delivered key evidence despite looming pretrial deadlines, according to the Examiner.
The Department of Justice, seeking a protective order, argued much of the material is “law enforcement sensitive” and should be shielded by the court. Prosecutors said the evidence includes internal communications marked “for official use only,” along with private emails and text messages.
They also noted Comey’s public statement about his indictment, pointing to an online video in which he said his family was paying the “costs” of criticizing President Donald Trump and quoted a friend saying, “Fear is the tool of a tyrant.”
“Both the defendant and the government have an interest in a fair trial with impartial jurors making decisions based only on the evidence that is part of the record,” prosecutors wrote, warning that unrestricted access could risk public dissemination of sensitive materials.
The DOJ’s proposed protective order would bar Comey from retaining discovery personally and limit access to his attorneys, their staff, and approved experts.
It would also require that any “Protected Materials or information contained therein” not be used “for any purpose other than preparing to defend against the criminal charges,” the Examiner reported.
Comey’s legal team countered that he has overseen “some of the most sensitive and highly guarded information in the country.” They argued it “controverts his long career of distinguished government service” to now say he cannot be trusted with discovery.
Nachmanoff also denied the DOJ’s bid to set two separate discovery deadlines tied to anticipated motions challenging the appointment of interim U.S. Attorney Lindsey Halligan and alleging vindictive or selective prosecution and a later deadline for other materials.
The judge cautioned that discovery cannot be withheld pending agreement on protective-order terms and warned that if the parties do not agree by 5 p.m. Monday, he will promptly set a hearing to resolve the dispute.
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