Former FBI Director James Comey's defense team claims he is a victim of "selective prosecution." (Cheriss May/NurPhoto via Getty Images)
Fitzpatrick also noted the size of the trove of documents, saying Comey's defense team has been placed at a disadvantage with a limited time to view the set.
"The government has had this for five and a half years … this is an unfair burden the government is placing on the defense, but I don’t see another path forward," the judge said.
Comey's team has sought to have his case dismissed, arguing he is the victim of selective prosecution by President Donald Trump.
HOW JAMES COMEY'S INDICTMENT COULD GO SOUTH FOR THE DOJ
Comey's lawyers claim Trump influence the DOJ's decision to prosecute him. (Evan Vucci/AP Photo)
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"The defendant spins a tale that requires leaps of logic and a big dose of cynicism, then he calls the President’s post a direct admission," they continued. "There is no direct admission of discriminatory purpose. To the contrary, the only direct admission from the President is that DOJ officials decided whether to prosecute, not him."
Fox News' Ashley Carnahan contributed to this report.
Anders Hagstrom is a reporter with Fox News Digital covering national politics and major breaking news events. Send tips to Anders.Hagstrom@Fox.com, or on Twitter: @Hagstrom_Anders.
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