Judge Scolds Comey Prosecutors for "Indict First, Investigate Second" Approach

U.S. Magistrate Judge William E. Fitzpatrick harshly criticized federal prosecutors pursuing charges against former FBI Director James Comey during a November 5, 2025 hearing, describing their approach as “highly unusual” and “indict first and investigate second.” In an extraordinary move, Judge Fitzpatrick ordered prosecutors to immediately turn over all grand jury transcripts and seized evidence to Comey’s defense team—without the defense even requesting the materials—after determining the government had indicted Comey before completing their investigation. The judge instructed prosecutors to produce grand jury materials and evidence by end of day Thursday. Comey is charged with lying to Congress in 2020 about authorizing media leaks, in a case filed days after President Trump publicly demanded Attorney General Pam Bondi prosecute his perceived enemies. The prosecution was brought by Lindsey Halligan, Trump’s former personal lawyer with zero prosecutorial experience, after career prosecutors determined there was insufficient probable cause. Judge Fitzpatrick’s rebuke represents rare judicial pushback against the Trump administration’s weaponization of DOJ, with the judge effectively signaling skepticism about the prosecution’s legitimacy. The hearing came one day before a D.C. jury would acquit former DOJ employee Sean Dunn of sandwich assault charges, suggesting growing judicial and jury resistance to politically motivated prosecutions. Comey’s trial is scheduled for January 5, 2026.