WASHINGTON, Dec 6 (Reuters) – A federal judge on Saturday temporarily barred prosecutors from using evidence seized from a key figure in the dropped criminal case against former FBI Director James Comey, while the Justice Department weighs new charges, court documents showed.

Daniel Richman, a law professor and former Comey lawyer, had filed a lawsuit in the U.S. District Court for the District of Columbia, alleging that prosecutors violated his Fourth Amendment rights by seizing material from his electronic devices during the 2019 and 2020 investigations.

In granting a temporary restraining order Saturday, U.S. District Judge Colleen Kollar-Kotelly wrote that “Richman will likely succeed on the merits of his claim that the government has violated his Fourth Amendment right… by retaining a full copy of all files on his personal computer… and searching for that image without a court order.”

Kollar-Kotelly, who was appointed by former President Bill Clinton, ordered the government to “identify, segregate and secure” the materials on Richman’s devices, prohibit their access without judicial approval, and comply by 12:00 p.m. Eastern Time on Monday, December 8.

FILE - Former FBI Director James Comey arrives to testify under subpoena behind closed doors before the House Judiciary and Oversight Committee on Capitol Hill in Washington, Dec. 7, 2018. (AP Photo/J. Scott Applewhite, File)
FILE – Former FBI Director James Comey arrives to testify under subpoena behind closed doors before the House Judiciary and Oversight Committee on Capitol Hill in Washington, Dec. 7, 2018. (AP Photo/J. Scott Applewhite, File)

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Prosecutors had relied on those files to charge Comey with making false statements and obstructing Congress in connection with his 2020 testimony about FBI officials providing information anonymously to the media. The indictment alleges that Richman, who was once an FBI special employee, communicated with reporters about investigations into Hillary Clinton, U.S. President Donald Trump’s Democratic rival in the 2016 election.

Kollar-Kotelly’s ruling will remain in effect until December 12 or until further court action.

His decision comes as the Justice Department considers another indictment against Comey. The original case was dismissed on Nov. 24 after another judge determined that the lead prosecutor, Lindsey Halligan, had been illegally appointed.

Richman’s lawsuit adds to the legal hurdles prosecutors face in potentially reviving the case. Richman has asked the court to order the deletion or return of the seized material and to prohibit its use in any future efforts to impeach Comey.

Separately, US Judge William Fitzpatrick expressed concern last month about the mismanagement of materials seized from Richman during an earlier investigation into possible leaks of classified information. Neither Comey nor Richman were charged in connection with that investigation.

(Reporting by Ahmed Aboulenein and Bhargav Acharya; Additional reporting by Mike Scarcella; Editing by Jacqueline Wong, Sergio Non and Thomas Derpinghaus)