Federal prosecutors argued that a magistrate judge might have misinterpreted key facts in the James Comey case, as the judge warned of what he called "profound investigative missteps" that could have tainted the proceedings.
"The government's position is that disclosure of grand jury materials is not warranted under the facts presented to the Magistrate Judge," prosecutors said in their filing.
ABC News reported that prosecutors told the district judge in the case that the ruling ordering disclosure of grand jury materials was contrary to law.
Magistrate Judge William Fitzpatrick said in an opinion issued Monday that the record showed a pattern of investigative problems that might have violated Comey's constitutional rights.
The judge granted Comey's attorneys access to a wide range of grand jury evidence.
Fitzpatrick ordered the Justice Department to provide a full transcript and recording of a September grand jury presentation by U.S. Attorney Lindsey Halligan. Fitzpatrick wrote that Halligan may have given fundamental misstatements of the law that could affect the integrity of the grand jury process.
The Justice Department sought an emergency stay of the order.
Prosecutors said the disclosure was not warranted under the facts and argued that the judge's analysis might have relied on incorrect interpretations.
Comey pleaded not guilty in October to one count of false statements and one count of obstruction of a congressional proceeding related to his 2020 Senate Judiciary Committee testimony.
In his ruling, Fitzpatrick said he identified two statements made by the prosecutor to grand jurors that appeared to be fundamental misstatements of the law.
He also questioned whether the indictment Halligan returned in open court was actually presented to or deliberated on by the grand jury.
Fitzpatrick noted that the panel had rejected one of the three charges the prosecutor sought and said the available record suggested the charging document may not match what the grand jury considered.
Fitzpatrick wrote that if that occurred, the court is in uncharted territory because the presumption of regularity in grand jury proceedings would be undermined.
He said the unusual sequence of events raises another issue the defense could use to challenge how the indictment was obtained.
A federal magistrate judge handles preliminary and procedural matters in a case, serving in a supporting role to the primary judge. Magistrate judges are appointed by district judges and do not have the full constitutional authority of an Article III district court judge.
A federal district court judge is the primary judge in a case, nominated by the president, confirmed by the Senate, and given lifetime tenure.
District court judges can review, overrule, or modify a magistrate judge's decisions if they find legal error or disagreement in the analysis.
Jim Mishler ✉
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