Former FBI Director James Comey testifies before the Senate Intelligence Committee about his interactions with President Donald Trump and the Russia investigation on June 8, 2017, in Washington, D.C. (Cheriss May/NurPhoto via Getty Images)
The judge also warned that the grand jury proceedings may have been tainted beyond repair and could cause the court to dismiss the indictment. Comey is facing one charge of a false statement to Congress and one charge of obstruction of justice. He has pleaded not guilty and moved to have his case dismissed on several grounds.
The grand jury issue stems from evidence Halligan presented to the grand jury that the judge said improperly stemmed from years-old warrants.
Halligan, a former White House aide and insurance lawyer who had no prior prosecutorial experience, was installed by Trump in September as interim U.S. attorney as part of the DOJ's rush to fulfill Trump's demand that Comey be charged before the statutes of limitation expired.
FEDERAL JUDGE VOICES DOUBT ABOUT TRUMP APPOINTEE'S ABILITY TO CHARGE JAMES COMEY, LETITIA JAMES
Former FBI Director James Comey is drawn in a courtroom sketch during his October 8, 2025 arraignment in Virginia. (Federal Court, sketch artist Dana Verkouteren)
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Fitzpatrick granted Comey's request to review the material underpinning the proceedings, including audio of them, and ordered the DOJ to provide the records to Comey by the end of the day.
The DOJ had argued that Comey's concerns about the grand jury proceedings were "speculative and unsubstantiated" and did not meet the high threshold required to break grand jury secrecy.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/federal-judge-orders-doj-hand-over-grand-jury-material