Justice of the Peace Decide William Fitzpatrick simply dropped a authorized mic on prosecutors within the James Comey case. In a blistering 24-page opinion, he ordered the Division of Justice to show over all grand jury supplies associated to the Comey indictment to the protection. (Although the federal government has requested for a keep in complying with the order whereas the file their objections.) As a result of, regardless of the Trump administration’s greatest efforts, due course of continues to be a factor.
And if this appears extremely uncommon, nicely, you’re not incorrect! However prosecuting your political enemies over the objections of profession prosecutors can also be extremely uncommon (or at the least it was, pre-2025) in order that’s the place we’ve landed.
Fitzpatrick’s opinion reads like a chilly name of a regulation scholar who spent the semester enjoying Fortnite as an alternative of doing the studying. He all however accuses the investigative workforce of fumbling their manner right into a constitutional ditch:
“The report factors to a disturbing sample of profound investigative missteps, missteps that led an FBI agent and a prosecutor to probably undermine the integrity of the grand jury continuing.”
That’s spectacularly harsh judicial language. When a choose says your work “undermined the integrity” of the grand jury, that’s not a critique — that’s a analysis.
And the remedy? Full disclosure of all of the grand jury supplies.
Lest anybody miss the severity, Fitzpatrick says the quiet half loud:
“The courtroom acknowledges that is a rare treatment, however given the factually based mostly challenges the protection has raised to the federal government’s conduct and the prospect that authorities misconduct could have tainted the grand jury proceedings, disclosure of grand jury supplies beneath these distinctive circumstances is critical to completely shield the rights of the accused.”
Judges don’t casually throw round phrases like “tainted the grand jury.” That Fitzpatrick is utilizing the time period in any respect ought to make DOJ attorneys wish to crawl beneath the desk and rethink their profession decisions. As a result of “extraordinary treatment”? That’s judge-speak for “you left me no selection.”
Learn the total benchslap — the second within the case, it ought to be famous — under.
Kathryn Rubino is a Senior Editor at Above the Legislation, host of The Jabot podcast, and co-host of Considering Like A Lawyer. AtL tipsters are one of the best, so please join along with her. Be at liberty to electronic mail her with any ideas, questions, or feedback and observe her on Twitter @Kathryn1 or Mastodon @[email protected].
