A law professor and former attorney to James Comey has asked a federal judge to bar prosecutors from using evidence seized from his electronic devices, arguing it was obtained in violation of the Fourth Amendment.
Daniel Richman sued in U.S. District Court in Washington, challenging prosecutors’ use of FBI-seized material from a separate 2019 to 2020 investigation. That evidence was used to charge Comey with making false statements and obstructing Congress for allegedly lying to a Senate committee about authorizing FBI officials to act as anonymous news sources.
The Justice Department is weighing whether to seek a new indictment after a judge dismissed the Comey case and a related case against New York Attorney General Letitia James, ruling that the prosecutor leading both cases was unlawfully appointed.
The judge found prosecutors may have mishandled the Richman material after reexamining it this year without obtaining a new warrant. Richman is seeking a court order requiring the government to delete or return the seized evidence and permanently bar its use.
