Judge accuses prosecutors in James Comey case of taking an 'indict first, investigate later' approach

A federal judge blasted Justice Department prosecutors on Wednesday several times for what he described as an “indict first, investigate later” attitude in the criminal case against former FBI Director James Comey

A federal judge blasted Justice Department prosecutors on Wednesday several times for what he described as an “indict first, investigate later” attitude in the criminal case against former FBI Director James Comey.

Magistrate Judge William Fitzpatrick voiced his concerns at a hearing in U.S. District Court in Alexandria about how prosecutors from the Eastern District of Virginia were handling evidence against Comey, who was indicted in September on one count of making a false statement and one count of obstructing a congressional proceeding stemming from his testimony on Sept. 30, 2020, during a Senate Judiciary Committee hearing.

Comey, who was indicted after President Donald Trump urged Attorney General Pam Bondi in a social media post to charge Comey and other longtime enemies, has pleaded not guilty.

Ahead of a trial scheduled for Jan. 5, his attorneys have argued that the case should be dismissed on the basis that it is a vindictive prosecution brought at the behest of Trump. They are also challenging interim U.S. Attorney for the Eastern District of Virginia Lindsey Halligan’s appointment as U.S. attorney, calling it “unlawful.”

On Wednesday, Fitzpatrick expressed particular concern about information that was obtained through search warrants from a previous FBI investigation. He appeared frustrated and said this was not a “traditional case” and that “the procedural posture of this case is highly unusual.”