A federal judge on Monday paused an earlier order that would have forced prosecutors to turn over extensive grand jury materials to James Comey’s legal team.
The Justice Department sought the stay hours after U.S. District Judge William Fitzpatrick ruled that Comey’s due-process rights outweighed secrecy protections, citing what he called “a disturbing pattern of profound investigative missteps” by prosecutor Lindsey Halligan during a September grand jury presentation.
Fitzpatrick said two of Halligan’s statements appeared to be “fundamental misstatements of the law” and suggested the indictment she filed in open court may not match what the grand jury actually considered, placing the case in “uncharted legal territory.”
U.S. District Judge Michael Nachmanoff granted the temporary halt Monday evening, giving prosecutors until Wednesday to object to Fitzpatrick’s order and Comey’s attorneys until Friday to respond. The clash is expected to dominate Wednesday’s arguments in Alexandria, where Comey is seeking to dismiss his indictment, alleging vindictive prosecution. He has pleaded not guilty to charges of making false statements and obstructing a congressional proceeding.
