Roger Parloff
@rparloff.bsky.social
Senior Editor, Lawfare. Ex-Fortune staff. Published in ProPublica, NYT, New York, New Yorker, Yahoo Finance, Air Mail, etc. Practiced law a long time ago.
If you're thinking, don't worry, they'll never win the suits, remember that they would be suing against the US in suits defended by Bondi's DOJ. The same DOJ that settled Ashli Babbitt estate's suit for $4.975M.
November 10, 2025 at 11:56 PM
If you're thinking, don't worry, they'll never win the suits, remember that they would be suing against the US in suits defended by Bondi's DOJ. The same DOJ that settled Ashli Babbitt estate's suit for $4.975M.
This is supposed to be a gift article. If it's not, let me know and I'll try again.
November 10, 2025 at 11:23 PM
This is supposed to be a gift article. If it's not, let me know and I'll try again.
The magistrate judge is going to review the grand jury minutes, but he doesn't understand as well as the defense does what they consider privileged & why, or which materials Comey thinks were obtained from an unconstitutional search. Their ex parte submission will tell him what to look for.
November 10, 2025 at 9:23 PM
The magistrate judge is going to review the grand jury minutes, but he doesn't understand as well as the defense does what they consider privileged & why, or which materials Comey thinks were obtained from an unconstitutional search. Their ex parte submission will tell him what to look for.
MJ: ... materials, we're talking about all [materials].
Diaz: yes. we also have 14 exhibits ...
MJ: okay, i'll endeavor to get out order and opinion as soon as we can. i undetrstand sense of urgency.
Diaz: Ty YH
D: Ty YH
hearing is over.
/12-end
Diaz: yes. we also have 14 exhibits ...
MJ: okay, i'll endeavor to get out order and opinion as soon as we can. i undetrstand sense of urgency.
Diaz: Ty YH
D: Ty YH
hearing is over.
/12-end
November 10, 2025 at 9:08 PM
MJ: ... materials, we're talking about all [materials].
Diaz: yes. we also have 14 exhibits ...
MJ: okay, i'll endeavor to get out order and opinion as soon as we can. i undetrstand sense of urgency.
Diaz: Ty YH
D: Ty YH
hearing is over.
/12-end
Diaz: yes. we also have 14 exhibits ...
MJ: okay, i'll endeavor to get out order and opinion as soon as we can. i undetrstand sense of urgency.
Diaz: Ty YH
D: Ty YH
hearing is over.
/12-end
MJ ... would be helpful. i will grant govt's request in that regard. Ms. D, when can you file submission tomorrow.
D: we'll do everything possible to file ASAP. by noon?
MJ: fine.
MJ: Mr. Diaz, when can you file GJ materials?
Diaz: shortly after hearing ends. ...
MJ: when we talk about GJ ...
/11
D: we'll do everything possible to file ASAP. by noon?
MJ: fine.
MJ: Mr. Diaz, when can you file GJ materials?
Diaz: shortly after hearing ends. ...
MJ: when we talk about GJ ...
/11
November 10, 2025 at 9:07 PM
MJ ... would be helpful. i will grant govt's request in that regard. Ms. D, when can you file submission tomorrow.
D: we'll do everything possible to file ASAP. by noon?
MJ: fine.
MJ: Mr. Diaz, when can you file GJ materials?
Diaz: shortly after hearing ends. ...
MJ: when we talk about GJ ...
/11
D: we'll do everything possible to file ASAP. by noon?
MJ: fine.
MJ: Mr. Diaz, when can you file GJ materials?
Diaz: shortly after hearing ends. ...
MJ: when we talk about GJ ...
/11
MJ: i understand your position.
question before me is very narrow: whether there's basis under 6e for judge to make particularized findings necessary to require disclosure in whole or in part. any ex parte submission limited to that question would be welcome. but i do think review in camera ...
/10
question before me is very narrow: whether there's basis under 6e for judge to make particularized findings necessary to require disclosure in whole or in part. any ex parte submission limited to that question would be welcome. but i do think review in camera ...
/10
November 10, 2025 at 9:05 PM
MJ: i understand your position.
question before me is very narrow: whether there's basis under 6e for judge to make particularized findings necessary to require disclosure in whole or in part. any ex parte submission limited to that question would be welcome. but i do think review in camera ...
/10
question before me is very narrow: whether there's basis under 6e for judge to make particularized findings necessary to require disclosure in whole or in part. any ex parte submission limited to that question would be welcome. but i do think review in camera ...
/10
D: we could file that by tomorrow.
Diaz: we could provide materials in camera. not sure what they're talking about in terms of ex parte submission. but neither privileged material nor 4th amendment violations would warrant dismissal & therefore GJ materials should not be provided.
/9
Diaz: we could provide materials in camera. not sure what they're talking about in terms of ex parte submission. but neither privileged material nor 4th amendment violations would warrant dismissal & therefore GJ materials should not be provided.
/9
November 10, 2025 at 9:04 PM
D: we could file that by tomorrow.
Diaz: we could provide materials in camera. not sure what they're talking about in terms of ex parte submission. but neither privileged material nor 4th amendment violations would warrant dismissal & therefore GJ materials should not be provided.
/9
Diaz: we could provide materials in camera. not sure what they're talking about in terms of ex parte submission. but neither privileged material nor 4th amendment violations would warrant dismissal & therefore GJ materials should not be provided.
/9
D: ... and defense best positioned with respect to the [seeing search issues too]. [we might like to make ex parte submission if you're going to review in camera]
MJ: in terms of ex parte submission --
D: what i'm referring to are materials defense believes are at issue with respect to priv.
/8
MJ: in terms of ex parte submission --
D: what i'm referring to are materials defense believes are at issue with respect to priv.
/8
November 10, 2025 at 9:03 PM
D: ... and defense best positioned with respect to the [seeing search issues too]. [we might like to make ex parte submission if you're going to review in camera]
MJ: in terms of ex parte submission --
D: what i'm referring to are materials defense believes are at issue with respect to priv.
/8
MJ: in terms of ex parte submission --
D: what i'm referring to are materials defense believes are at issue with respect to priv.
/8
Now giving appearances.
Gabriel Diaz & Tyler Lemons for govt.
Rebekah Donaleski seems to be lead for defense today.
MJ: govt has requested i review in camera. makes sense to me.
D: our view defense is best positioned to tell if irregularities occurred. we're familiar with atty/client priv
/7
Gabriel Diaz & Tyler Lemons for govt.
Rebekah Donaleski seems to be lead for defense today.
MJ: govt has requested i review in camera. makes sense to me.
D: our view defense is best positioned to tell if irregularities occurred. we're familiar with atty/client priv
/7
November 10, 2025 at 9:02 PM
Now giving appearances.
Gabriel Diaz & Tyler Lemons for govt.
Rebekah Donaleski seems to be lead for defense today.
MJ: govt has requested i review in camera. makes sense to me.
D: our view defense is best positioned to tell if irregularities occurred. we're familiar with atty/client priv
/7
Gabriel Diaz & Tyler Lemons for govt.
Rebekah Donaleski seems to be lead for defense today.
MJ: govt has requested i review in camera. makes sense to me.
D: our view defense is best positioned to tell if irregularities occurred. we're familiar with atty/client priv
/7
Mag. Judge William Fitzpatrick has joined the call now.
/6
/6
November 10, 2025 at 9:00 PM
Mag. Judge William Fitzpatrick has joined the call now.
/6
/6
Comey’s supp brief, below, argues that Kirkpatrick already made the necessary findings orally at Wed’s hearing. Says govt’s “inability to answer basic questions” about the warrants establishes “ample basis to depart from presumption of regularity.”
storage.courtlistener.com/recap/gov.us...
/5
storage.courtlistener.com/recap/gov.us...
/5
#171 in United States v. Comey (E.D. Va., 1:25-cr-00272) – CourtListener.com
RESPONSE by James B. Comey, Jr re 168 Order,, (Carmichael, Jessica) (Entered: 11/10/2025)
storage.courtlistener.com
November 10, 2025 at 8:38 PM
Comey’s supp brief, below, argues that Kirkpatrick already made the necessary findings orally at Wed’s hearing. Says govt’s “inability to answer basic questions” about the warrants establishes “ample basis to depart from presumption of regularity.”
storage.courtlistener.com/recap/gov.us...
/5
storage.courtlistener.com/recap/gov.us...
/5
The parties have since submitted supplemental briefs. Govt says below that Fitzpatrick should, at most, first review transcripts to see for himself that there was no taint or, if there was, make a more limited disclosure. ...
/4
storage.courtlistener.com/recap/gov.us...
/4
storage.courtlistener.com/recap/gov.us...
#172 in United States v. Comey (E.D. Va., 1:25-cr-00272) – CourtListener.com
RESPONSE by USA as to James B. Comey, Jr re 168 Order,, GOVERNMENT'S ADDITIONAL BRIEFING ON DISCLOSURE OF GRAND JURY MATERIALS (Attachments: # 1 Affidavit, # 2 Affidavit)(Diaz, Gabriel) (Entered: 11/1...
storage.courtlistener.com
November 10, 2025 at 8:38 PM
The parties have since submitted supplemental briefs. Govt says below that Fitzpatrick should, at most, first review transcripts to see for himself that there was no taint or, if there was, make a more limited disclosure. ...
/4
storage.courtlistener.com/recap/gov.us...
/4
storage.courtlistener.com/recap/gov.us...
Although Mag Judge Fitzpatrick ordered the grand jury minutes turned over Wed., the govt appealed to Judge Nachmanoff, who ordered Fitzpatrick to make findings to satisfy Federal Rule of Criminal Procedure 6(e)(3)(E)(ii):
/3
/3
November 10, 2025 at 8:37 PM
Although Mag Judge Fitzpatrick ordered the grand jury minutes turned over Wed., the govt appealed to Judge Nachmanoff, who ordered Fitzpatrick to make findings to satisfy Federal Rule of Criminal Procedure 6(e)(3)(E)(ii):
/3
/3
The dispute revolves around materials the govt used from 4 search warrants issued in 2019-2020 to Dan Richman, who had been Comey’s atty. Comey wants to inspect minutes for possible atty-client privilege & 4th Amend violations.
/2
www.lawfaremedia.org/article/tria...
/2
www.lawfaremedia.org/article/tria...
Trial Dispatch: The Comey Hearing of Nov. 5, 2025
A judge ordered grand jury minutes turned over to James Comey, as well as information from five-year-old searches of Professor Dan Richman.
www.lawfaremedia.org
November 10, 2025 at 8:37 PM
The dispute revolves around materials the govt used from 4 search warrants issued in 2019-2020 to Dan Richman, who had been Comey’s atty. Comey wants to inspect minutes for possible atty-client privilege & 4th Amend violations.
/2
www.lawfaremedia.org/article/tria...
/2
www.lawfaremedia.org/article/tria...
The mag. judge wanted to let the defense examine whether it thought attorney-client privileged information had been introduced before the grand jury, or whether the FBI agent's exposure to atty-client priv info could have impacted his testimony before GJ.
November 8, 2025 at 4:16 PM
The mag. judge wanted to let the defense examine whether it thought attorney-client privileged information had been introduced before the grand jury, or whether the FBI agent's exposure to atty-client priv info could have impacted his testimony before GJ.