DOJ blocked from using ex-Comey lawyer’s computer data, emails
A federal judge has temporarily blocked the Department of Justice (DOJ) from using data and emails seized from Daniel Richman, a former lawyer and law professor associated with former FBI Director James Comey.Richman requested the court to prevent the DOJ from accessing his electronic devices and accounts, claiming that the government violated his Fourth Amendment rights against unreasonable searches and seizures by copying and searching his personal computer without a warrant. Judge Colleen Kollar-Kotelly granted a temporary restraining order requiring the DOJ to secure richman’s files while the court reviews his motion for the return of property. This development represents a setback for the DOJ’s efforts to revive the case against Comey, especially amid reports that the administration is considering new indictments related to Comey and New York Attorney general Letitia James. Instead of appealing a prior ruling that invalidated earlier indictments, the DOJ may attempt to refile the cases.
Judge blocks DOJ from using former Comey lawyer’s computer data and emails
The Department of Justice was dealt a setback in the bid to revive the case against former FBI Director James Comey after a federal judge blocked them from using evidence belonging to his former lawyer and law professor, Daniel Richman.
Richman, who would have been a likely witness to testify before the Comey indictment was tossed late last month, asked the U.S. District Court for the District of Columbia earlier this week to block the DOJ from accessing his online accounts and electronic devices seized from him over five years ago.
The D.C. court complied with that request on Saturday, with District Judge Colleen Kollar-Kotelly, a Clinton appointee, granting a temporary restraining order and requiring the DOJ to “identify, segregate, and secure” Richman’s files while the court considers whether his Fourth Amendment rights were violated and the files therefore should be returned.
“The Court concludes that Petitioner Richman is likely to succeed on the merits of his claim
that the Government has violated his Fourth Amendment right against unreasonable searches and
seizures by retaining a complete copy of all files on his personal computer (an ‘image’ of the
computer) and searching that image without a warrant,” Kollar-Kotelly wrote in her order. “The Court finds that the balance of the equities and the public interest weigh in Petitioner Richman’s favor and support a limited temporary restraining order that is narrowly tailored to preserving the status quo while this Court considers his … Motion for Return of Property on an expedited basis.”
The DOJ has until noon on Monday to gather the files and comply with the order, which will expire on midnight Dec. 12 unless the court issues a ruling beforehand.
DOJ WEIGHING POSSIBLE NEW INDICTMENTS FOR COMEY AND JAMES: REPORTS
The legal hitch for the Trump administration comes after recent reporting indicated officials were considering new indictments for both Comey and New York Attorney General Letitia James, whose case was also tossed.
Instead of appealing the original ruling that deemed Lindsey Halligan’s appointment as interim U.S. Attorney for the Eastern District of Virginia unlawful, thereby declaring the indictments void, the administration may instead move to refile both cases.
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