A federal judge has issued a temporary injunction, preventing government prosecutors from reviewing materials obtained from a close associate of former FBI Director James Comey. The ruling represents a significant legal obstacle for the ongoing criminal proceedings against Comey.
The order stems from a lawsuit filed by Daniel Richman, a Columbia University law professor and former attorney for Comey. Richman alleges that investigators improperly accessed and retained data from his computer during a prior inquiry into Comey. Prosecutors had sought to use private communications between Richman and Comey to support allegations that Comey misled Congress regarding authorized media disclosures.
In a pointed opinion, the presiding magistrate judge noted that while initial warrants were obtained during an earlier investigation that concluded without charges in 2021, the government appears to have retained all data from Richman’s computer, not just material relevant to those warrants. Crucially, during a renewed investigation this year, prosecutors did not secure a new warrant before examining this stored information, potentially exposing communications protected by attorney-client privilege.
The federal judge overseeing the case found that this warrantless review likely violated constitutional protections against unreasonable search and seizure. The restraining order blocking access to the materials will remain in place pending further legal review.
This development is the latest in a series of challenges for the prosecution team. The case has faced prior complications, including the dismissal of initial charges on procedural grounds related to the prosecutor’s appointment. The ruling to seal off a key evidence stream further narrows the legal path forward for the government’s case.