On November 17, 2025, U.S. Magistrate Judge William Fitzpatrick ordered federal prosecutors to provide grand jury materials to James Comey's defense team, highlighting significant concerns regarding potential government misconduct in the case. This ruling follows a previous directive for prosecutors to produce extensive materials related to the investigation.

Comey, who has pleaded not guilty to charges of lying to Congress in 2020, asserts that the prosecution is politically motivated, initiated shortly after former President Donald Trump urged his attorney general to pursue legal action against him and other political adversaries. The judge's decision to grant access to typically confidential grand jury materials was deemed necessary to protect Comey's legal rights, given the identified irregularities that may have compromised the integrity of the proceedings.

In his 24-page ruling, Fitzpatrick criticized the Justice Department's handling of the case, describing a "disturbing pattern of profound investigative missteps." He pointed to procedural errors made by Lindsey Halligan, the interim U.S. attorney for the Eastern District of Virginia, which could undermine the grand jury's integrity. Specifically, Fitzpatrick noted that Halligan made statements that misrepresented the law, potentially misleading jurors about the burden of proof required in the case.

The judge's findings raise questions about the legitimacy of the indictment process, particularly as the grand jury had previously rejected one of the proposed charges against Comey. Fitzpatrick's order comes amid ongoing legal challenges regarding Halligan's appointment and broader concerns about the Justice Department's prosecutorial practices.

The U.S. Attorney's Office for the Eastern District of Virginia has not yet responded to requests for comment on the ruling, while the Justice Department has indicated plans to contest the order, arguing that the disclosure of grand jury materials is unwarranted. Comey's legal team is preparing to argue for the dismissal of the indictment based on claims of vindictiveness and selective prosecution.