A federal judge ordered the Justice Department on Friday to return data it seized and obtained in 2017 from a longtime friend of former FBI Director James Comey, concluding that prosecutors had violated law professor Daniel Richman’s constitutional rights and misused his material in their quest to indict Comey.
U.S. District Judge Colleen Kollar-Kotelly ruled that the material from Richman — an image of his hard drive and files from his iCloud and Columbia University email accounts — was handled with “callous disregard” for Richman’s rights. Prosecutors rummaged through the materials without a warrant as they pursued a slapdash case against Comey, the judge found, calling it a “remarkable breach of protocol.”
However, in a significant concession to prosecutors, Kollar-Kotelly ordered that a copy of all the data the government obtained be deposited with a federal court in Virginia. That provision, the judge said, would ensure that prosecutors could seek to regain access to the materials if they can persuade the court there to do so.
“This Court concludes that although Petitioner Richman is entitled to the return of the improperly seized and searched materials at issue here,” the Clinton-appointed judge wrote, “he is not entitled to an order preventing the Government from ‘using or relying on’ those materials in a separate investigation or proceeding, as long as they are obtained through a valid warrant and judicial order.”
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