Magistrate Judge William Fitzpatrick just delivered a devastating ruling, finding strong evidence of “government misconduct” in the federal case brought against former FBI director James Comey. This is a massive blow to Donald Trump’s Justice Department’s attempt to prosecute Comey, especially since the judge immediately ordered prosecutors on Monday to turn over all grand jury materials to the defense team.
Honestly, this whole situation is awful for the DOJ’s credibility. Judge Fitzpatrick didn’t hold back in his 24-page opinion, ruling that the Justice Department engaged in a “disturbing pattern of profound investigative missteps” on its way to indicting Comey. He directed prosecutors to produce the full grand jury record to the defense lawyers, noting that the problems “potentially undermine the integrity of the grand jury proceeding.”
According to The Guardian, the court was so concerned about the process that last week it ordered prosecutors to produce a trove of materials from the investigation. The court stated it was worried the Justice Department’s position on Comey had essentially been to “indict first and investigate later.” That’s a truly terrible approach for any agency.
It turns out you can’t indict people, then get evidence for it later
What exactly are these “profound investigative missteps”? The judge detailed several serious issues. Fitzpatrick pointed out that the prosecutor made “fundamental misstatements of the law” to the grand jury that indicted Comey back in September. Furthermore, the investigation involved the use of potentially privileged communications, and there were unexplained irregularities found in the transcript of the grand jury proceedings.
The defense team had been pushing hard for these materials because they suspected major irregularities in the process. Their concerns centered on the sole prosecutor who presented the case to the grand jury: Lindsey Halligan. Here’s the key context: Halligan was a former White House aide who was appointed to the job just days before presenting the case and reportedly had no prior prosecutorial experience. It looks like inexperience, combined with political pressure, may have directly led to the issues Fitzpatrick highlighted.
Misconduct? Really? From an administration being run by a 34-time convicted felon? You’ll have to imagine our surprise.
— Brad Kadrich (@bkadrich) November 17, 2025
US judge finds evidence of ‘government misconduct’ in federal case against Comey – The Guardian https://t.co/1Nn9olPW9Q
If you’re wondering about the background of the charges, Comey is accused of lying to Congress in 2020. The case was filed only days after President Trump publicly suggested his attorney general should prosecute the former FBI director and other perceived political rivals. This political backdrop is why Comey’s lawyers have argued the entire thing is a “vindictive prosecution” brought at the direction of the Republican president and must be dismissed. Comey has pleaded not guilty to the charges.
This ruling is the most blistering judicial assessment of the case we’ve seen so far, but it isn’t the only challenge the prosecution is facing. Comey’s team is also seeking dismissal on the grounds that Halligan, the interim US attorney in Virginia who filed the charges, was illegally appointed. That specific challenge to Halligan’s position is a serious legal hurdle that’s also being raised in the criminal case against New York state’s attorney general, Letitia James.
Judge Fitzpatrick acknowledged that granting the defense access to grand jury materials is rarely done. However, he concluded that the record demanded it, writing, “The Court recognizes that the relief sought by the defense is rarely granted. However, the record points to a disturbing pattern of profound investigative missteps.” It’s clear the court sees this case as deeply tainted, and I wouldn’t be surprised if this entire prosecution collapses under the weight of this finding of government misconduct.
