WASHINGTON – A friend of former FBI Director James Comey is seeking to block the Justice Department from using materials seized from him more than five years ago,alleging Fourth Amendment violations in how the DOJ obtained and retained the files. Professor david Richman filed a motion in U.S.district court in Washington, D.C., requesting the immediate return of his files and a halt to any further use of the “improperly seized or retained materials.”
The case stems from a DOJ investigation into Comey, which led to his indictment on two criminal counts. Judge William Fitzpatrick recently found the government likely overstepped the bounds of original warrants when seizing Richman’s devices and accounts, retained the information for years after the initial investigation closed (“Arctic haze”), and then conducted a new search of his files in September.
Fitzpatrick wrote the government was allowed to “rummage through all of the information seized” and could potentially do so “again anytime they choose.” He suggested a new warrant should have been obtained for the September search, likely with narrower parameters. The judge also determined the seized materials were “the cornerstone” of the presentation made to the grand jury that ultimately indicted Comey.
Richman’s legal team argues the 2019 and 2020 warrants, as well as the recent search, resulted in illegally seized materials.They contend the government’s actions demonstrate a “callous disregard” for Richman’s rights and exemplify the “governmental abuse” the Fourth Amendment is designed to prevent.
The lawyers are requesting a temporary order preventing the government from using or relying on the seized material while the court considers whether Richman’s constitutional rights were violated. The civil suit was first reported by Anna Bower of Lawfare.
