Im Gipper said:
What is the motion he's referring to? What was the actual ruling?
I think Sperry is out over his skis a bit, there is no federal judge ruling that has excluded or suppressed evidence in the ongoing criminal case against Comey. However, recent court proceedings have involved sharp judicial scrutiny of the Justice Department's handling of evidence, including warnings about potential mishandling and orders to disclose materials to Comey's defense team. These developments stem from Comey's indictment on October 1, 2025, on two counts of making false statements to Congress related to a 2019-2020 leak investigation during Trump's first term.
They only recent judicial ctions on evidence happened on November 5, 2025, Magistrate Fitzpatrick held a hearing focused on evidence from the four search warrants executed on Richman's devices in 2019-2020 (part of the "Arctic Haze" probe). While no evidence was ruled out, the judge took several steps to address defense concerns about privileged attorney-client communications and the government's rushed approach, and Fitzpatrick admonished prosecutors for a "highly unusual" "indict first, investigate second" posture, suggesting it risked violating Comey's 4th Amendment rights by potentially allowing improper access to privileged materials. He pressed lead prosecutor Tyler Lemons on whether investigators had reviewed confidential records, emphasizing that any "rummaging" through old warrants for new ammunition could be unconstitutional. However it was more legal fodder to give the impression he was going to make some sort of ruling in Comey's favor but nothing was done formally The judge did order the DOJ to produce grand jury materials, seized data, and other evidence by the end of November 6, 2025, to allow Comey's team (led by Patrick Fitzgerald) to review for privilege claims. Their claims are this ensures the defense can challenge any inadmissible items before trial, but it does not preemptively exclude evidence. Prosecutors proposed isolating potentially privileged materials (now held at FBI headquarters) for court-approved review, but the defense argued this was too opaque. No final ruling on exclusion has been made; the process is ongoing to separate privileged from non-privileged items.
Separately, on October 13 and 21, 2025, Judge Nachmanoff (overseeing the main case) rejected DOJ motions for limited discovery and expedited filter reviews, criticizing them as delaying tactics that hindered Comey's preparation. He adopted a broader protective order for evidence access but again stopped short of suppressing anything.
Comey's motions to dismiss (filed October 20, 2025) include claims of prosecutorial misconduct in evidence handling, which could lead to suppression if proven. A separate challenge to Halligan's appointment (requiring an out-of-district judge) might invalidate the indictment entirely, indirectly affecting evidence use. Prosecutors have defended their actions, arguing no bias or impropriety occurred and that Trump's public statements reflect his duty to enforce laws.
As of today, the case remains active with no suppression orders. Updates could emerge from ongoing discovery or hearings, but I think Sperry is speculating a lot.
"We're going to turn this red Prius into a soup kitchen!"