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‘Profound missteps’: US magistrate judge orders grand jury files to former FBI director Comey; rebukes DOJ for flawed probe

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<p>Former FBI Director James Comey (Photo credit: AP)</p>
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Former FBI Director James Comey (Photo credit: AP)

US Magistrate Judge William Fitzpatrick, in a 24-page opinion, said the record showed a “disturbing pattern of profound investigative missteps” and raised the prospect of government misconduct that warranted an “extraordinary remedy,” according to CBS news. Fitzpatrick said prosecutors and at least one FBI agent displayed a “cavalier” attitude toward the legal rights of Comey and others and criticised Trump-appointed prosecutor Lindsey Halligan for what he called “fundamental misstatements of the law” to the grand jury, The Washington Post reported.Fitzpatrick ordered disclosure of the full grand jury transcripts and audio recordings to Comey’s defence team, saying that, while grand jury material is normally secret, the exceptional concerns in this case justified disclosure.Late on Monday, however, the federal district judge overseeing the prosecution temporarily stayed Fitzpatrick’s order at the Justice Department’s request. US District Judge Michael Nachmanoff said he would review the magistrate’s decision and rule in the coming days, according to CBS news.The magistrate warned that procedural and substantive flaws in pre-grand jury conduct and in how evidence was collected and presented “may rise to the level of government misconduct resulting in prejudice to Mr. Comey.” Comey is charged on two counts alleging that he made false statements in testimony to Congress. He has pleaded not guilty and has sought dismissal on multiple grounds, including the grand jury irregularities Fitzpatrick described, arguments over the legality of Halligan’s appointment and alleges that the prosecution amounts to an improper extension of US President Donald Trump’s personal animus, The Washington Post reported.

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