The Department of Justice is pushing back against a federal judge's order that restricts its access to evidence it says is necessary to pursue a renewed criminal case against former FBI Director James Comey.
In a 20-page filing on Tuesday, government lawyers told U.S. District Judge Colleen Kollar-Kotelly that her temporary restraining order has halted their ability to investigate Comey and prepare potential charges.
The judge issued a temporary order Saturday preventing prosecutors from using evidence that was seized from a key figure in the dismissed criminal case against Comey.
The ruling comes as the department continues to consider bringing new charges, according to court documents.
Prosecutors argue that the order effectively shuts down their effort to reassemble a case after the earlier indictment collapsed over the legality of the special prosecutor's appointment.
The filing says the evidence dispute is the direct result of a legal move by Comey associate and his former attorney Daniel Richman.
Richman is asking the court to return or destroy records seized from him years earlier, saying the government no longer has a lawful basis to hold or use the material.
Prosecutors counter that his request is not a legitimate claim of property rights but a tactic designed to block renewed charges against Comey.
They say Richman's petition seeks to suppress critical evidence before a new grand jury can evaluate the case.
According to the filing, some of the seized records were central to the original prosecution, including material tied to Comey's 2020 congressional testimony about media disclosures.
The Department of Justice says that without continued access to those records, the government cannot move forward with what it calls an active and ongoing criminal matter.
Prosecutors told the court that long-established precedent allows renewed prosecution after an indictment is dismissed, and they argue that the restraining order disrupts that process.
They also say the order risks creating a rule that would allow any witness or associate of a subject to halt a criminal investigation by filing a civil petition over seized material.
The department is asking the judge to dissolve the restraining order immediately and permit investigators to resume reviewing the evidence.
The filing stresses that the government is not asking to use the material publicly or outside the confines of a grand jury but to continue lawful investigative steps.
If the order remains in place, prosecutors warn it could prevent the government from bringing any future charges related to Comey's conduct.
The court has not indicated when it will rule on the government's request.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
© 2025 Newsmax. All rights reserved.