A federal judge has raised concerns about how the government is handling the criminal case against former FBI Director James Comey, stating that there are serious issues of misconduct that might lead to the charges being dismissed. Magistrate Judge William Fitzpatrick ordered prosecutors to provide grand jury materials to Comey’s legal team, noting that this kind of relief is rare but warranted due to a “disturbing pattern” of investigative mistakes.
The judge pointed out that these mistakes included misleading statements made by acting U. S. Attorney Lindsey Halligan to the grand jury, where she allegedly made fundamental misstatements about the law that could compromise the integrity of the proceedings. Fitzpatrick also identified potential gaps in the information presented to the grand jury and questioned Halligan’s assertion that all relevant materials had been shared.
Halligan’s recent appointment as acting U. S. Attorney for the Eastern District of Virginia raised questions about her qualifications, especially since she had no prior prosecutorial experience. Fitzpatrick expressed skepticism about her timeline concerning the grand jury’s decision on the indictment and noted inconsistencies that could suggest incomplete transcripts of the proceedings.
Furthermore, the judge highlighted issues related to the handling of attorney-client privileged information and potential violations of the Fourth Amendment. He indicated that these factors give reason to doubt the legality and intent behind the government’s actions in this case. The Justice Department and Halligan’s office have not commented on the situation.
Halligan was appointed in late September, following the resignation of her predecessor, Erik Siebert, amid pressure to pursue charges against Comey and New York Attorney General Letitia James. Despite concerns raised by career prosecutors about the validity of the case against Comey, Halligan moved to present it to the grand jury soon after her appointment.
Fitzpatrick criticized the government’s approach, suggesting it resembled an “indict first, investigate later” mindset. While it is uncommon for defendants to access grand jury materials, the judge found that Comey’s case presents unique circumstances justifying such access. He noted that Comey had made a credible case for irregularities in the grand jury process that might warrant dismissing some or all of the charges.
Comey faces two criminal charges: making a false statement and obstruction of a congressional proceeding, arising from his testimony before the Senate in 2020. He has pleaded not guilty to both charges.
Massie: Trump’s “getting tired of me winning”
President Donald Trump’s recent support for releasing documents related to Jeffrey Epstein marked a significant defeat for him, particularly at the hands of Representative Thomas Massie from Kentucky. Massie described Trump’s change of heart as a result of him “getting tired of me winning. ” This shift occurred after Massie, alongside Democratic Representative Ro Khanna, pushed for a discharge petition to force a vote on the Epstein documents, circumventing GOP leaders who wanted to avoid such a discussion.
In the lead-up to Trump’s concession, tensions escalated, with the president personally attacking Massie for remarrying after his wife passed away in 2024. Despite the president’s attempts to unseat him by endorsing a challenger, former Navy SEAL Ed Gallrein, Massie remained undeterred. His fundraising has seen significant success, with over $2 million in campaign funds, and he joked about the personal attacks with his wife.
Top White House staff were reportedly in a rush to prevent the discharge petition from succeeding, even pulling Republican representatives, including Lauren Boebert, into urgent talks to remove their names from the petition. However, this effort was ultimately unsuccessful, as key support for the petition remained firm.
Massie and the three Republican women who supported the petition aimed to highlight the plight of Epstein’s victims. They had invited several victims to Capitol Hill to keep public attention on the issue. Trump’s pressure campaign against them backfired, leading to an increase in support for the transparency they sought.
Acknowledging the rising discontent among Republicans towards Trump concerning Epstein-related issues, some representatives began facing backlash for opposing the vote. Massie’s ongoing effort to keep the issue alive in public discourse contrasted with Trump’s tactics, which some Republican allies recognized as out of touch with their base.
White House officials had spent months attempting to persuade Congress not to support the release of Epstein documents, warning of political consequences if they did. While Trump has distanced himself from Epstein and denied any involvement in his crimes, he has also attempted to shift blame onto Democrats for not acting on Epstein and his victims sooner.
In a last-ditch effort to undermine Massie, GOP leaders and the Justice Department released 30,000 pages of documents in early September. However, many of these papers had already been disclosed, weakening their impact. Eventually, House GOP leaders accepted that the vote on Epstein would take place, leading Speaker Mike Johnson to expedite it in light of the growing support for Massie’s initiative. Despite Trump’s disapproval, he claimed Massie’s legislative push was reckless, as the House Oversight Committee commenced its investigation instead.
