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Dec 22, 2025

Judge Rules DOJ Needs Warrant For Dismissed Files In Comey Case-lllllllllllll

A federal judge has ordered prosecutors to return evidence seized from a key figure in the dismissed criminal case against former FBI Director James Comey, while allowing the Justice Department to seek a new warrant for the material.

U.S. District Judge Colleen Kollar-Kotelly ruled in Washington that files taken from Daniel Richman — a law professor and former attorney for Comey — must be returned. However, the court may retain a copy of the materials for safekeeping should prosecutors pursue a new warrant, Reuters reported over the weekend.

The decision represents a temporary setback for the Justice Department as it considers whether to renew efforts to bring charges against Comey, who was fired by President Donald Trump in May 2017, during his first term.

Richman filed suit last month seeking to block prosecutors from using materials he said were improperly seized during an investigation conducted in 2019 and 2020. Kollar-Kotelly’s ruling allows the government to preserve access to the records under court supervision while complying with the order to return them.

The investigation concluded in 2021 without charges. In her ruling, released Friday night, Kollar-Kotelly said it was unreasonable for the government to retain copies of Richman’s files without safeguards preventing them from being searched in a future investigation absent a valid warrant.

At the same time, the judge declined to bar the Justice Department from using or relying on the information in the future. She said prosecutors are permitted to pursue investigative leads derived from their prior review of the materials and may seek a new warrant to obtain them again.

Prosecutors relied on the seized files earlier this year as part of their case against Comey. The former FBI director was indicted in October on charges of making false statements and obstructing Congress, stemming from his 2020 testimony regarding FBI officials’ anonymous disclosures of information to news outlets.

Last month, a federal judge dismissed the criminal cases against Comey and New York Attorney General Letitia James after determining that both indictments were obtained by an unlawfully appointed U.S. attorney in Virginia’s Eastern District.

Since then, two more grand juries have refused to re-indict James, which is highly unusual.

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