In Washington, DC, a federal judge has decided that certain evidence tied to an associate of former FBI chief James Comey must stay off‑limits for the Justice Department while it works on a renewed case against the ex‑director.
Judge Colleen Kollar‑Kotelly ruled that the DOJ cannot touch any information that belongs to Daniel Richman.
After reviewing Richman’s Motion for Temporary Restraining Order, the legal framework, and the record, the court concluded that Richman is entitled to a narrow temporary restraining order to maintain the status quo while the judge considers his Motion for Return of Property and while parties prepare their full briefs and arguments.
The judge noted that the facts “weigh in favor of entering a prompt, temporary order to preserve the status quo now, before the Government has filed a response.”
Richman—a law professor who previously worked for Comey—filed a lawsuit alleging that prosecutors breached his Fourth Amendment rights by seizing data from his electronic devices during investigations in 2019 and 2020.
“Richman is likely to succeed on the merits of his claim that the government has violated his Fourth Amendment right … by retaining a complete copy of all files on his personal computer … and searching that image without a warrant,” the judge wrote.
Kollar‑Kotelly ordered the DOJ to “identify, segregate, and secure” any materials from Richman’s devices, prohibiting access without court approval and requiring compliance by noon Monday.
Prosecutors had used those files to charge Comey with making false statements and obstructing Congress over his 2020 testimony about FBI agents anonymously supplying information to the press.
The indictment also accused Richman—who once served as a special FBI employee of communicating with reporters about investigations into Hillary Clinton in the 2016 election—of involvement in the matter.
The court’s decision remains in force through December 12 unless the judge takes further action.
This development comes as the DOJ is contemplating a new indictment against Comey following the dismissal of the earlier case last month, when another judge ruled that lead prosecutor Lindsey Halligan had been unlawfully appointed.
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