Judge probes 'misconduct' in James Comey case over 'highly irregular' grand jury witness

A federal magistrate judge ordered the Department of Justice to turn over grand jury materials to former FBI Director James Comey Monday — while suggesting Trump's hand-picked prosecutor may have already upended the case.

Judge William Fitzpatrick called out possible "government misconduct" by allowing an FBI agent to present evidence that was protected by attorney-client privilege to a grand jury that ultimately handed up an indictment against Comey in September.

Comey was charged with making false statements to Congress and obstruction of justice.

"The government’s decision to allow an agent who was exposed to potentially privileged information to testify before a grand jury is highly irregular and a radical departure from past DOJ practice," Fitzpatrick wrote.

Comey has pleaded not guilty to the charges, which are related to his 2020 testimony before the Senate Judiciary Committee, and his attorneys have filed a motion to dismiss the case, which they argued is the result of a politically motivated pressure campaign by President Donald Trump.