Judge hints at Comey indictment dismissal, orders DOJ to release grand jury material

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FILE PHOTO: Former FBI Director James Comey testified in front of the Senate Intelligence Committee in the Senate Hart building on Capitol Hill, on Thursday, June 8, 2017.

Cheriss May | Nurphoto | Getty Images

A federal magistrate judge on Monday raised the possibility that the criminal indictment against former FBI director James Comey could be dismissed, as he ordered the Department of Justice to release all grand jury material related to Comey’s case to him.

Judge William Fitzpatrick said a prosecutor had potentially violated court orders and Comey’s 4th Amendment rights, which “establish a reasonable basis to question whether the government’s conduct was willful or in reckless disregard of the law.”

“The facts set forth herein and the particularized findings of the Court establish that ‘ground[s] may exist to dismiss the indictment because of a matter that occurred before the grand jury,” Fitzpatrick wrote in his ruling in U.S. District Court for the Eastern District of Virginia.

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