Federal judge hits DOJ for ‘indict first, investigate later’ approach in court hearing

A federal judge criticized the Justice Department for allegedly being too quick to indict in high-profile cases on Wednesday.

Magistrate Judge William Fitzpatrick of the Eastern District of Virginia made the comments during a brief hearing regarding the case against former FBI Director James Comey.

“Right now, we are in a bit of a feeling of indict first, investigate later,” Fitzpatrick said in the hearing, which lasted less than an hour.

Fitzpatrick questioned prosecutors about their handling of data acquired from a number of search warrants between 2019 and 2020, information which is now being used in Comey’s case. The judge pressed prosecutors on whether they may have viewed information that may be protected by attorney-client privilege.

DOJ SEEKS REMOVAL OF COMEY’S DEFENSE LAWYER, CITING CONFLICT OF INTEREST

Former FBI Director James Comey’s defense team claims he is a victim of “selective prosecution.” (Cheriss May/NurPhoto via Getty Images)

Fitzpatrick also noted the size of the trove of documents, saying Comey’s defense team has been placed at a disadvantage with a limited time to view the set.

“The government has had this for five and a half years … this is an unfair burden the government is placing on the defense, but I don’t see another path forward,” the judge said.

Comey’s team has sought to have his case dismissed, arguing he is the victim of selective prosecution by President Donald Trump.

HOW JAMES COMEY’S INDICTMENT COULD GO SOUTH FOR THE DOJ

Former FBI Directory James Comey is drawn in a courtroom sketch during his October 8, 2025 arraignment in Virginia. (Federal Court, sketch artist Dana Verkouteren)

The DOJ denied in a 48-page filing that Trump’s September Truth Social post calling on U.S. Attorney General Pam Bondi to prosecute prominent political adversaries, including Comey, Sen. Adam Schiff, D-Calif., and New York Attorney General Letitia James, had any influence on the decision to bring charges.

“These posts reflect the President’s view that the defendant has committed crimes that should be met with prosecution. They may even suggest that the President disfavors the defendant. But they are not direct evidence of a vindictive motive,” prosecutors argued.

Comey’s lawyers claim Trump influence the DOJ’s decision to prosecute him. (Evan Vucci/AP Photo)

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

“The defendant spins a tale that requires leaps of logic and a big dose of cynicism, then he calls the President’s post a direct admission,” they continued. “There is no direct admission of discriminatory purpose. To the contrary, the only direct admission from the President is that DOJ officials decided whether to prosecute, not him.”

Fox News’ Ashley Carnahan contributed to this report.