A federal judge has ordered the Justice Department to submit a more complete transcript of grand jury proceedings in the criminal case against former FBI Director James Comey.
In an order issued Tuesday, U.S. District Judge Cameron McGowan Currie, nominated by former President Bill Clinton in 1994, said prosecutors failed to include all remarks made by the official who signed Comey’s indictment during the Sept. 25 grand jury session.
The judge directed the government to provide, by Wednesday at 5 p.m. ET, a full transcript or recording of every statement made before, during, and after the witness testimony, as well as during the presentation of the initial three-count and subsequent two-count indictments.
Comey has pleaded not guilty to false statement and obstruction charges.
Prosecutors say the case centers on alleged discussions between Comey and a former FBI associate about shaping news coverage of his 2016 decision to reopen the Hillary Clinton email probe.
Comey’s lawyers argue the prosecution is politically motivated and have asked the court to dismiss the case, calling it retaliation for his criticism of President Donald Trump.
Comey is accused of lying in 2020 when he told a Senate committee he stood by prior testimony that he had not authorized anyone at the FBI to serve as an anonymous source in news reports about investigations into Trump and Clinton.
The wide-ranging filing submitted Monday by the Justice Department was the first to substantively detail the case against Comey and included allegations that have little relevance to the charges he faces.
Prosecutors dismissed concerns that Trump’s animus toward Comey motivated the prosecution, arguing that Trump’s social media posts attacking Comey as a leaker indicate a “legitimate prosecutorial motive” for the case.
Monday’s court filing described alleged conversations between Comey and former FBI special employee and law professor Daniel Richman.
Comey bemoaned news coverage of his decision to announce the reopening of an investigation into Clinton’s use of a private email server in October 2016.
“Perhaps you can make him smarter,” Comey wrote to Richman, referring to a reporter for The New York Times.
Richman later wrote to Comey that he “got the point home” to a reporter writing about Comey’s actions, according to the filing.
Comey’s decision to reopen the probe, based on new evidence that came into the FBI’s possession, became a major flashpoint in the final weeks of the 2016 election. It was cited by some Clinton supporters as a reason she lost to Trump.
The Justice Department’s internal watchdog in 2018 faulted Comey for his handling of the Clinton investigation but found no evidence of political bias. Prosecutors during Trump’s first term opted not to seek charges against Comey.
Trump for years has assailed Comey over his handling of an FBI investigation into alleged ties between Trump’s 2016 campaign and Russia.
Comey, after being fired by Trump in 2017, emerged as a sharp critic of Trump.
Newsmax writer Eric Mack and Reuters contributed to this report.
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