Former FBI Director James Comey scored an early victory this week, as U.S. District Judge Michael Nachmanoff shut down the Justice Department’s proposed restrictions on Comey’s ability to access discovery, the evidence and information the prosecution provides to the defense before trial.
The DOJ had sought to prohibit Comey’s access to discovery when not under the supervision of his attorneys, citing the “sensitive” nature of the records. Comey’s lawyers disagreed, saying this would place the defense “at a severe and unnecessary disadvantage.” After all, they noted, throughout his prosecutorial career through his time at the FBI, Comey was “entrusted with some of the most sensitive and highly guarded information in the country.”
The court sided with Comey on Monday, with Nachmanoff ruling that “the circumstances of this case do not support the government’s proposed limitations on the sharing of ‘Protected Material’ with Defendant or prospective defense witnesses, which would unnecessarily hinder and delay Defendant’s ability to adequately prepare for trial.”
Comey was indicted last month on charges, widely regarded as politically motivated, of false statements to Congress and obstruction of a congressional proceeding. Comey pleaded not guilty, and his legal team is expected to try getting the case dismissed for “vindictive prosecution.” Though such dismissals are rare, Comey seems to have a better-than-average chance, given President Donald Trump has made obvious his animosity toward him.
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