The judge overseeing former FBI Director James Comey’s upcoming trial on charges of lying to Congress and obstruction of justice intervened late Monday to temporarily block a sweeping order for prosecutors to turn over grand jury materials to Comey’s lawyers.
US Magistrate Judge William Fitzpatrick cited “a disturbing pattern of profound investigative missteps” in ordering the rare move, with some legal experts suggesting the case against the 64-year-old could even be thrown out as a result.
However, in response to an appeal by interim US Attorney for the Eastern District of Virginia Lindsey Halligan, US District Judge Michael Nachmanoff ordered a stay of Fitzpatrick’s order.
“The Magistrate Judge’s new order is contrary to law and the government should be allowed to object to the order,” read the appeal, which added that Fitzpatrick “may have misinterpreted some facts he found when issuing the latest order to release the grand jury materials to the defendant.”
Nachmanoff gave the Justice Department until 5 p.m. Wednesday to file its full brief objecting to Fitzpatrick’s order, with Comey’s side having until 5 p.m. Friday to respond.
