The U.S. Justice Department has taken a major step toward reviving its stalled investigation into former FBI Director James Comey, asking a federal judge to lift a court order that has prevented prosecutors from using key evidence for more than a year.
The request, filed in Washington, seeks to dissolve a preliminary injunction that has blocked access to materials seized from Comey’s longtime attorney, Daniel Richman. That evidence was previously ruled off-limits after the court determined investigators likely violated attorney-client privilege during the 2020 seizure of Richman’s emails.
The motion was submitted to Judge Colleen Kollar-Kotelly, who originally imposed the restriction after concluding prosecutors improperly accessed confidential legal communications. At the time, his ruling forced the dismissal of an earlier indictment against Comey.
Prosecutors Cite “Independent Evidence”
Justice Department attorneys now argue that their investigation no longer depends on the contested material. They claim to have developed a substantial body of independent evidence that supports moving forward with the case-separate from any privileged communications.
According to the filing, prosecutors assert that this independently gathered material is sufficient to justify lifting the injunction and reopening the path toward criminal charges. If the judge agrees, the government would be permitted to present a wider range of evidence to a new grand jury.
The Justice Department did not detail the nature of this new evidence but insisted it was obtained through proper legal channels.
Origins of the Investigation
The core of the case dates back to 2017, when Comey was dismissed as FBI director during the presidency of Donald Trump. The investigation focuses on whether Comey mishandled classified information by retaining and sharing written memos that documented private conversations between the two men.
Those memos were later provided to Richman, who shared portions of their contents with a journalist. Comey has consistently maintained that the documents were personal notes and did not contain classified material.
Legal Battle Far From Over
Comey’s legal team is expected to oppose the Justice Department’s latest motion, arguing that the original violations surrounding the evidence seizure cannot be undone simply by introducing new material.
The outcome will determine whether federal prosecutors can move ahead with what would amount to a second attempt at securing criminal charges against the former FBI chief.
Legal analysts say the case could have wider implications for how courts handle disputes involving attorney-client privilege in high-profile federal investigations.
For now, the future of the long-running Comey probe rests with the federal judge’s decision early next year.
