Summary
Judge orders grand jury materials to Comey's lawyers
Ruling cites government misconduct in Comey probe
Comey faces false statements and obstruction charges
Three prominent Trump critics hit with criminal charges
A U.S. judge found on Monday there is evidence of misconduct in how a federal prosecutor closely aligned with President Donald Trump secured criminal charges against James Comey, and ordered that grand jury materials be turned over to the former FBI chief's defense lawyers.
Alexandria, Virginia-based U.S. Magistrate Judge William Fitzgerald found that Lindsey Halligan, the Trump-appointed U.S. attorney leading the case, may have made significant legal errors in presenting evidence and instructing grand jurors who were weighing whether to charge Comey - mistakes that could have tainted the case.
"The record points to a disturbing pattern of profound investigative missteps, missteps that led an FBI agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding," Fitzgerald wrote in his ruling.
Comey is one of three prominent critics of the Republican president to have been hit with criminal charges by Trump's Justice Department in recent months. Trump critics have described the charges as a part of a campaign by the president to chill opposition. Comey pleaded not guilty after being charged in September with making false statements and obstructing a congressional investigation.
A different judge previously expressed skepticism about the legality of Halligan's appointment, while other courts have raised alarm about political motivations in Justice Department investigations and grand juries have rejected cases tied to Trump's police surge in Washington.
Halligan had not worked as a prosecutor before Trump appointed her in September. She had primarily practiced real estate law and represented Trump in civil litigation.
A Justice Department spokesperson declined to comment on the judge's decision. Prosecutors quickly sought to pause the order to turn over grand jury material and claimed in a court filing that Fitzpatrick "may have misinterpreted some facts."
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