Judge Orders DOJ to Return Seized Data in Comey Case

A federal judge has ordered the U.S. Department of Justice to return data seized from Daniel Richman, a close associate of former FBI Director James Comey, citing constitutional violations. U.S. District Judge Colleen Kollar-Kotelly ruled that the Justice Department's retention and use of Richman's computer files and emails, obtained during a 2017 investigation, infringed upon his Fourth Amendment rights.

The materials in question were initially collected as part of a media leak investigation that concluded without charges. Despite the investigation's closure, the Justice Department retained the data and later utilized it in 2025 to indict Comey on charges of making false statements to Congress. This indictment was subsequently dismissed due to the unlawful appointment of the prosecuting attorney.

Judge Kollar-Kotelly criticized the government's actions, stating that retaining and searching Richman's files without a new warrant constituted an unreasonable seizure. She ordered the Justice Department to return the data to Richman but allowed for a copy to be kept under court seal, permitting prosecutors to seek a new warrant if they choose to pursue further action.

This ruling presents a significant obstacle to the Justice Department's efforts to reindict Comey, as the contested materials were central to the case. The department has not yet indicated whether it will seek new indictments or appeal the decision.