FILE PHOTO: Former FBI Director James Comey testified successful beforehand of the Senate Intelligence Committee successful the Senate Hart gathering connected Capitol Hill, connected Thursday, June 8, 2017.
Cheriss May | Nurphoto | Getty Images
A national magistrate justice connected Monday raised the anticipation that the transgression indictment against erstwhile FBI manager James Comey connected charges of lying to Congress could beryllium dismissed, arsenic helium ordered the Department of Justice to merchandise each expansive assemblage worldly related to Comey's lawsuit to him by the extremity of the day.
Judge William Fitzpatrick said a authoritative had perchance violated tribunal orders and Comey's Fourth Amendment rights, which "establish a tenable ground to question whether the government's behaviour was willful oregon successful reckless disregard of the law."
"The facts acceptable distant herein and the particularized findings of the Court found that 'ground[s] whitethorn beryllium to disregard the indictment due to the fact that of a substance that occurred earlier the expansive jury,'" Fitzpatrick wrote successful his ruling successful U.S. District Court for the Eastern District of Virginia.
The justice said that helium recognized that ordering the DOJ to merchandise to Comey each worldly related to the expansive assemblage that indicted him, arsenic good arsenic an audio signaling of the proceedings, is "an bonzer remedy."
"But fixed the factually based challenges the defence has raised to the government's behaviour and the imaginable that authorities misconduct whitethorn person tainted the expansive assemblage proceedings, disclosure of expansive assemblage materials nether these unsocial circumstances is indispensable to afloat support the rights of the accused," Fitzpatrick wrote.
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