A judge on Monday ordered federal prosecutors to turn over all grand jury material to former FBI Director James Comey's defense team, criticizing the Justice Department for a "disturbing pattern of profound investigative missteps" in its handling of the case.

Washington

A federal judge has directed prosecutors to hand over all grand jury materials to the legal team of former FBI director James Comey. The judge cited a series of procedural errors by the Department of Justice, including improper statements made to the grand jury and questions about the handling of investigative materials.

Comey has been indicted on charges of lying to Congress and obstruction, with his trial set for January. The judge's ruling, which outlines seven mistakes in a 25-page decision, is expected to delay the proceedings as Comey's attorneys review the newly released evidence.

Judge orders grand jury materials be given to Comey

All right, when we see it, you see it, some breaking news for you this hour in the case involving former FBI director turned Trump critic James Comey. So a federal judge has just ordered prosecutors to turn over all of its grand jury material to come his defense team and they have by the end of the day to get that done. In a ruling, the judge cited what is called disturbing patterns of missteps by the D. O. J. Comey has been indicted on two charges for lying to Congress and obstruction. The trial is set for January. So for more on this, let's go to CBS News Justice reporter Jake Rosen from Washington. Okay, so what did the judge mean by missteps and what does this really mean for the Comey case in the days ahead? Well, there are a number read and if you'll just bear with me for one second, we'll get through them. The first of which was that Lindsay Halligan, who was appointed by President Trump days before this statute of limitations in these specific allegations against James Comey related to his past testimony in Congress and whether or not he potentially lied in a 2020 congressional hearing, is that Lindsay Halligan went to this grand jury and made two statements to the grand jury that imperils the legitimacy of them by misstating legal facts. And this judge took issue with that, including one of them, which is very important in just how we conduct business in the United States here, especially in criminal proceedings, is that she allegedly, according to this judge, we do not have a full copy of this transcript, told the grand jury that James Comey would not testify against him on the stand in this case and basically raised questions about the Fifth Amendment and said that likely James Comey would not go on the stand. That's something that you can't predict, you can't talk about, we have not hit that state in this. In addition to that, she also said that don't just believe the evidence in front of you, this judge alluded to, potentially we have more. Also read, there are also questions about how the government, FBI, and DOJ have handled the investigation and the actual materials that are referred to in this Comey indictment. The investigation in that materials was actually seized years ago as part of a past Trump administration, the first time around, their investigation in 2019-2020 into an associate of James Comey. Instead of getting a new search warrant to get that material again, this judge says they just found information that was still being held by the Department of Justice for about five years now at this point and basically dug through that again. If they were to go and do this the legal way, the judge said, they would have asked for a much more narrow set of information, they would have had to go through an entire legal recalculation of this case, which would have taken time, read, which is at the center of so many problems around this case. In addition to why Lindsey Halligan was appointed in the first place, it's because the prosecutor that President Trump had put in before did not feel the need to bring this case because it was not strong enough, our CBS News reporting shows, and again potentially there was an issue with the statute of limitations here where if there was no indictment in this case, it's likely the statute of limitations would have expired. There are seven different mistakes that this judge outlines line by line in 25 scathing pages, saying that A, he's never seen this before and thus he's forced to take this extraordinary step to give James Comey and his attorneys everything, what the exhibits were, all the evidence that was used against him, plus a transcript and allegedly also, according to this judge's reading of all this information before it was handed over, it's possible that because the Department of Justice failed to secure an indictment on all three charges it hoped to, it only got two charges approved by this grand jury, it's possible this judge says that Lindsey Halligan, again this former Trump aide and Trump personal defense attorney, took the bill that the jury came back saying that they could only get two out of three and just used that rewritten as the indictment instead of going back to the grand jury to get it properly finalized. All this information is just one really long spool of thread that is going to pull at this, it's going to slow the case down, Reed, it's going to make this January trial date seem almost impossible, if it even gets there because there are so many challenges against this case. Yeah, right, once Comey's attorneys get it they have to comb through that. Okay, Jake Rosen, thank you so much for taking us through that, developing and breaking news, we appreciate it.

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Breakdown