A federal judge in Washington, D.C., has temporarily barred the Justice Department from using certain evidence tied to Daniel Richman, a former attorney to former FBI Director James Comey, as prosecutors seek to revive a criminal case against Comey that was previously dismissed.
U.S. District Judge Colleen Kollar-Kotelly granted Richman a narrow temporary restraining order, finding that the circumstances justified protecting the disputed material while the court reviews his request for the return of property and awaits full briefing from both sides. The judge said the facts favored immediate action to preserve the status quo before the government submits its response.
Richman sued after prosecutors seized materials from his electronic devices during investigations in 2019 and 2020, arguing the government violated his Fourth Amendment rights. Kollar-Kotelly noted Richman is likely to succeed on the merits of his claim that the DOJ unlawfully retained and searched a full copy of his personal computer without a warrant.
The court ordered the Justice Department to identify, segregate, and secure the seized materials, prohibit access without court approval, and complete compliance by noon Monday.
Prosecutors had previously relied on the files to indict Comey on charges of making false statements and obstructing Congress related to his 2020 testimony on FBI officials anonymously providing information to the media. The indictment also accused Richman, a former special FBI employee, of communicating with reporters about investigations into Hillary Clinton during the 2016 election.
The restraining order will remain in effect through Dec. 12 or until further court action.
