🧵United States v. Comey
Yesterday was a key day in this case.
Magistrate Judge Fitzpatrick, who's handling all proceedings re: implementation of a filter team, held a hearing on that issue.
He then DENIED the Gov't's motion and issued a number of ORDERS to the Gov't.
1/n
I think it's worth providing some background on what's going on here, so I'll start there, but if you want to skip the background, go to post number [21] in this thread for a breakdown of what happened yesterday.
2/n
Background
Nachmanoff is the district judge assigned to this case.
Nachmanoff ordered that all Rule 16 discovery material be provided to the defense by Oct 13.
85k pages of discovery was eventually turned over, but not all of it because...
3/nstorage.courtlistener.com/recap/gov.usco…
Some of that material may be protected by attorney-client privilege.
So, on Oct 13, prosecutors filed a motion for a filter team to be implemented.
4/n
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The filter team is needed for the review of the potentially privileged material that was acquired years ago during the Arctic Haze investigation.
That material includes communications between Daniel Richman (Person 3 from the indictment) and Comey at a time when Comey had retained Richman as counsel.
Making these communications protected under attorney-client privilege.
5/n
The material was reviewed years ago during Arctic Haze and Richman was involved, but Comey was not.
And that's the rub, or a rub, here.
Comey has never had the opportunity to assert his privilege over these communications, and it is his right to do so.
6/n
Oct 19
Before the defense had even responded to the motion for the filter team, prosecutors filed another motion seekign to expidite its implementation, urging the judge to hurry and order it.
It could be inculpatory or exculpatory. It could also reveal a conflict. with Comey's current counsel.
7/n
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Oct 20
Defense responds, saying we haven't even replied to the first motion, which they have two weeks to do; the prosecutors haven't told us what exactly they want reviewed or what the legal basis is for the review; and we have reason to believe that members of the prosecution have already been exposed to the potentially privileged material.
A HUGE NO-NO.
8/n
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Later on Oct 20
Nachmanoff denies the prosecutor's motion to expedite because
1) Defense hasn't replied to the original motion, and
2) Defense has another seven days to do so as per the local rules.
9/n
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Also on Oct 20
Defense files a motion to dismiss for unlawful appointment of Halligan.
10/n
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Motions challenging a US attorney must be heard by an out-of-district judge; Senior Judge Currie from South Carolina is appointed to handle all matters related to Halligan's appointment.
11/n
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Oct 27
Defense replies in opposition to the implementation of a filter protocol.
They don't necessarily oppose it ever being implemented, but they want to challenge the underlying search warrants first. There are four search warrants.
12/n
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Additionally, they inform the court that they have reason to believe there has been a "privilege spill," and it may have tainted the grand jury process because the FBI agent exposed to the protected communications between Comey and Richman later testified to the grand jury as the only witness...
And was immediately pulled from the investigation into Comey by the FBI's legal counsel due to this exposure.
13/n
Oct 28
Judge Currie orders the prosecution to turn over to him all documents related to the Halligan's participation in the grand jury process plus transcripts.
14/n
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Oct 29
Judge Nachmanoff appoints Magistrate Judge Fitzpatrick to preside over all proceedings related to the implementation filter team and the seized material from Arctic Haze.
15/n
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Oct 30
Fitzpatrick sets the hearing date for Nov 5.
16/n
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Oct 30
Defense files a motion for disclosure of grand jury proceedings because there are numerous irregularities with it, including the possible privilege spill mentioned above.
Such irregularities, or worse, could be grounds for dismissal.
17/n
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Nov 2
Prosecution responds to defense's opposition to the filter team.
The prosecution argues that the search warrants were lawful and that the potentially privileged materials are a small subset of evidence. Just five text threads between Comey and Richman.
18/n
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The filing also gives a timeline of events associated with the search warrants, but it is redacted.
It also acknowledges that an FBI agent was exposed to the material, and he was pulled from the investigative team, and the material was separated from other evidence pending a review by a filter team.
19/n
Nov 4
Judge Currie issues another order for grand jury material because prosecutors had failed to provide him with all that he asked for.
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Nov 5, a hearing occurs, and Magistrate Judge Fitzpatrick DENIES the prosecutors' motion for a filter team and ORDERS them to provide the Arctic Haze material at issue and the grand jury material to the Defense, plus descriptions and explanations of its handling.
And more.
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He bars the Gov't from reviewing any of the materials seized with the four search warrants.
He orders the gov't to file all grand jury material (transcript, audio, testimony, documents, etc), under seal to the docket.
22/n
Nov 5
Prosecutors file a notice that they have provided all grand jury material to the defense and the court, both Fitzpatrick AND Currie.
23/n
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Nov 6
Another set of ORDERS from Fitzpatrick
This gov't is ordered to file a motion to unseal the four Arctic Haze search warrants.
They've been under seal since 2019/2020 in a different district.
24/n
Plus, he wants both sides to get together to work on a version of each document that is currently or potentially under seal on the docket and determine what should be redacted.
Prepping them to become public. : )
25/n
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