A US judge on Monday found evidence of “government misconduct” in how a prosecutor aligned with US President Donald Trump secured criminal charges against former FBI Director James Comey and ordered that grand jury materials be turned over to Comey’s defence team.
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US Magistrate Judge William Fitzgerald of the Eastern District of Virginia found that Lindsey Halligan, the Trump-appointed US lawyer leading the case, may have made significant legal errors in presenting evidence and instructing grand jurors who were weighing whether to charge Comey.
“The Court recognizes that the relief sought by the defence is rarely granted,” Fitzpatrick wrote in his ruling.
“However, the record points to a disturbing pattern of profound investigative missteps, missteps that led an FBI (Federal Bureau of Investigation) agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding.”
The 24-page opinion is the most blistering assessment yet by a judge of a criminal case against Comey that is already subject to multiple other challenges, including motions seeking its dismissal on the grounds that Halligan was illegally appointed and that the prosecution itself constitutes a vindictive prosecution.
Comey has pleaded not guilty to charges of making false statements and obstructing a congressional investigation.