Judge Blocks Prosecutors From Using Evidence Seized From Former Comey Attorney

By Ginika Igboke

A federal judge on Dec. 6 prohibited prosecutors from accessing evidence seized from Daniel Richman, former attorney for ex-FBI Director James Comey, creating a new obstacle for the Department of Justice as it attempts to revive a case against Comey.

In a four-page order, U.S. District Judge Colleen Kollar-Kotelly granted Richman’s request for a temporary restraining order. Richman filed suit alleging that prosecutors unlawfully kept materials taken from his electronic devices during the investigation into Comey, who was charged in 2020 with making false statements to Congress.

Judge Kollar-Kotelly wrote that Richman is likely to show the government violated his Fourth Amendment rights by retaining “a complete copy of files on his personal computer” and then searching that material without a warrant. She also noted that the government has yet to clarify who currently has custody of the seized data, leaving both Richman and the court unsure of its location.

“Given that the custody and control of this material is the central issue in this matter, uncertainty about its whereabouts weighs in favor of acting promptly to preserve the status quo,” the judge stated.

The order requires the government to “identify, segregate, and secure” the image of Richman’s computer, along with his email accounts and any other materials taken from his devices. Prosecutors are barred from accessing these files without court authorization. The order takes effect at noon on Dec. 8.

Prosecutors had used the seized material to bring charges against Comey for allegedly making false statements and obstructing Congress during his 2020 testimony on FBI officials’ anonymous communications with the media.

In his Nov. 26 motion, Richman said he interacted with the government multiple times between 2017 and 2020 regarding his legal representation of Comey, the handling of potentially classified information, and media-related communications. He stated that he allowed investigators to create an image of his personal computer, and that the government later obtained warrants permitting further searches of that image as well as his email and iCloud accounts.