A magistrate judge overseeing the indictment against former FBI Director James Comey has been openly hostile to the Trump administration, and that signals serious trouble ahead.
The judge, William Fitzpatrick, accused Trump's Department of Justice of pursuing a “indict first, investigate later” strategy. It's an absurd claim considering that the Trump administration has been plotting to hold Comey accountable for years since his false testimony to Congress.
Judge Fitzpatrick also ordered the government to disclose a raft of documents from search warrants and grand jury proceedings in another move that suggests that he is skeptical of the case against Comey.
For Republicans, this news suggests that there is yet another exhausting court battle ahead for the Trump administration.
Comey has pleaded “not guilty” to charges that he made a false statement to Congress and obstructed justice, but now he has a chance of beating the case thanks to an activist judge who appears to have an anti-Trump bias.
The Department of Justice has hit back at Fitzpatrick in a filing stating that he had exceeded the "scope of the Magistrate Judge’s delegated authority and was entered without the necessary findings that the defendant has shown particularized and factually based grounds exist for disclosure and that the need for disclosure outweighs the long-established public interest in grand jury secrecy."
Fitzpatrick's order demands every document stretching back years, suggesting that Fitzpatrick believes the case is illegitimate and is searching for any technical flaws that could spring Comey free.
Comey's lawyers have also been attacking the case, with lead attorney Patrick Fitzgerald alleging that the prosecution is “vindictive” and “selective."
Comey's team also claims that acting United States attorney for the Eastern District of Virginia Lindsey Halligan was appointed illegitimately as there supposedly cannot be two subsequent acting attorneys in a district.
The Department of Justice responded to this saying, "Even were Ms. Halligan’s appointment invalid, the motions to dismiss should be denied. While Defendants challenge Ms. Halligan’s appointment as interim US Attorney, the actions they challenge do not hinge on her validly holding that particular office."
This case has quickly devolved into a legal mess, and conservatives hoping to see Comey face justice quickly are going to be sorely disappointed.
Leftist bureaucrats like Comey have evaded justice for years, both thanks to former President Joe Biden and leftist judges who have fought any efforts to bring charges.
Another factor at play is the GOP in the Senate, which has refused to take measures to undermine Democratic obstruction efforts against Trump's nominees. The Senate GOP could settle any issues of Halligan's legitimacy if they made rule changes that would end the Democrat blockade.
It seems highly likely that this case will take some time to prosecute and will likely end up in a higher court where one activist judge can't skew things.
