From the Washington Examiner: Federal prosecutors in the Eastern District of Virginia have been ordered to turn over all discovery evidence required under federal law to former FBI Director James Comey’s legal team by the end of the day on Monday, even as they ask the court to restrict what information Comey can access or keep related to the criminal case.
In an order issued Sunday, U.S. District Judge Michael S. Nachmanoff, an appointee of former President Joe Biden, directed the Justice Department to produce all discovery materials to Comey’s defense team by 5 p.m. Monday. The order came after Comey’s attorneys complained that prosecutors had yet to deliver critical evidence despite looming pretrial deadlines.
Comey, who led the FBI from 2013 to 2017, faces two felony counts stemming from his September 2020 testimony before the Senate Judiciary Committee. One count accuses him of lying to Congress about authorizing another FBI official to speak anonymously to reporters, while the second alleges obstruction of a congressional proceeding. He appeared in federal court last week in Alexandria, Virginia, and pleaded not guilty.
The DOJ argued in its proposal for a protective order that much of the material at issue is “law enforcement sensitive” and should be shielded by the court. In filings over the weekend, prosecutors said the evidence includes internal communications marked “for official use only,” along with private emails and text messages.
DOJ attorneys warned that unrestricted access to the evidence could risk public dissemination of sensitive materials, and stressed the importance of an impartial jurors making decisions based only on the evidence that is part of the record.
The DOJ also noted that Comey has already commented publicly on the case, pointing to the video he posted on Instagram hours after his indictment, as he defiantly proclaimed his innocence.
Nonetheless, Nachmanoff has rejected the Trump administration’s request for more time, and demanded that prosecutors turn over all discovery evidence by 5:00 p.m. ET Monday.
ABOUT THIS JUDGE: Michael S. Nachmanoff, 57, serves as a United States district judge of the United States District Court for the Eastern District of Virginia. He was nominated by Joe Biden in July 2021, after being recommended by Democrat senators Mark Warner and Tim Kaine. He was confirmed by the Senate in a 52-46 vote in October 2021.
The biased Judge in the #Comey case already showing he will protect his Deep State pal. https://t.co/3rX4wAU6E0
— Robert Barnes (@barnes_law) October 13, 2025
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