A US federal judge says 'investigative missteps' and 'government misconduct' may have tainted the Trump administration's criminal case against former FBI director James Comey.
Judge William Fitzpatrick ordered justice department lawyers to release grand jury materials, including transcripts and evidence, to Mr. Comey's defence team. The justice department has appealed against the order.
Mr. Comey was charged with making false statements and obstruction of justice in September, after Donald Trump called for his prosecution and appointed a new federal prosecutor to pursue the case.
The former FBI chief, who has long drawn the ire of the US president, has pleaded not guilty to the charges.
Mr. Comey was fired by Trump during his first term, after leading an investigation into Russian interference in the 2016 US presidential election. Since then, he has been a frequent target of the two-term US president.
He is accused of lying to lawmakers about his Russian election interference investigation during a congressional hearing in 2020.
After other federal prosecutors reportedly declined to pursue the case against him, citing a lack of evidence, Trump appointed Lindsey Halligan as the lead prosecutor, who secured an indictment three days later.
An indictment in the US justice system is a formal accusation issued by a grand jury - a group of citizens who examine the merits of evidence - to determine if a case should proceed.
Mr. Comey was formally charged in October in a federal court in Virginia, where he pleaded not guilty.
His defence team has contested the legality of Ms. Halligan's quick appointment to the role of interim US attorney, which circumvented congressional approval, and has raised issues regarding her methods in bringing the indictment.
On Monday, Judge Fitzpatrick noted in a 24-page opinion that he had identified at least two statements made by Ms. Halligan to grand jurors that could be perceived as 'fundamental misstatements of the law that could compromise the integrity of the grand jury process.'
He granted Mr. Comey's defence team access to all grand jury materials and ordered the Justice Department to provide complete audio recordings of the proceedings.
'The court recognises this is an extraordinary remedy,' said Judge Fitzpatrick. 'Under these unique circumstances [it] is necessary to fully protect the rights of the accused.'
