A federal judge on Saturday temporarily barred prosecutors from using evidence seized from a key figure in the dismissed criminal case against former FBI Director James Comey, as the Department of Justice weighs new charges, court documents showed.
Daniel Richman, a law professor and former attorney for Comey, had filed a lawsuit in the U.S. District Court for the District of Columbia, alleging prosecutors violated his Fourth Amendment rights by seizing material from his electronic devices during investigations in 2019 and 2020.
In granting a temporary restraining order on Saturday, U.S. District Judge Colleen Kollar-Kotelly wrote that “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.”
Kollar-Kotelly, who was appointed by former President Bill Clinton, ordered the government to “identify, segregate, and secure” the materials from Richman’s devices, prohibit their access without court approval, and comply by 12:00 p.m. ET on Monday, December 8.
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