The judge overseeing the forthcoming criminal trial of former FBI Director James Comey intervened Monday evening to allow the Justice Department more time to argue against the release of grand jury records to the defendant.

The decision by U.S. District Judge Michael Nachmanoff, an appointee of former President Joe Biden , came hours after U.S. Magistrate Judge William Fitzpatrick made the rare decision to order the DOJ to turn over audio and records from the hours leading up to the grand jury’s Sept. 25 indictment of Comey on two counts of obstruction and false statements stemming from his 2020 testimony to Congress.

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