Former FBI Director James Comey and President Donald Trump.

By Joe Lombardi From Daily Voice

A federal judge said potential "government misconduct" could upend the Justice Department’s criminal case against former FBI Director James Comey, ordering grand jury records turned over to his defense.

On Monday, Nov. 17, Magistrate Judge William Fitzpatrick pointed to a "disturbing pattern" of procedural "missteps" and suggested prosecutors may have withheld key information from grand jurors. 

He directed the DOJ to provide all grand jury materials to Comey’s lawyers to test whether the panel was improperly influenced or evidence was withheld.

The order raises the real possibility the case could be dismissed if serious errors are confirmed.

 In a 24-page ruling, Fitzpatrick described a rushed investigative process and a "cavalier" attitude by some prosecutors and agents toward Comey’s constitutional rights, according to The Washington Post.

Comey is charged with two counts tied to his 2020 congressional testimony about FBI leaks. 

One alleges he made a false statement to the Senate Judiciary Committee in the fall of 2020 by denying he authorized an associate to serve as an anonymous media source. 

The other alleges obstruction of a congressional proceeding for allegedly withholding or misrepresenting information during that testimony. He has pleaded not guilty.

Prosecutors secured the indictment during the Trump administration after the president made public comments urging it on. 

Fitzpatrick’s findings amount to a sharp rebuke of aspects of that effort. The judge said possible withholding of critical information from the grand jury might have prejudiced Comey’s case. He also noted a "disturbing pattern" of "missteps" that, if borne out, could taint the charging process.

The DOJ must now release all grand jury records to the defense. Comey’s team will review the materials and can seek sanctions or dismissal. If misconduct is confirmed, the court could throw out the case.

A hearing on next steps is expected after Comey’s defense reviews the records. The Justice Department has not publicly outlined any remedial steps in response to the judge’s order.