MIKE DAVIS: Clinton-appointed judge once again sabotages DOJ's Comey case

Shockingly, Kollar-Kotelly granted the motion and has ordered the FBI to destroy the emails by 4 p.m. on Monday.  Kollar-Kotelly's ruling ordered the destruction of emails obtained pursuant to a warrant signed by another (Obama) judge six years ago.  She claims that the seized information relates to a new investigation; however, she is basing this assertion on a decision by Eastern District of Virginia U.S. Magistrate Judge William Fitzpatrick. Fitzpatrick issued a suppression-like decision even though suppression was not briefed by the parties - yet another example of blatant and unlawful judicial sabotage by partisans in robes.

Kollar-Kotelly's decision is more disturbing because it implicates the separation of powers. Usually, Rule 41(g) comes into play where a defendant has had property wrongly seized, and he moves to reclaim it. Here, Comey is not seeking to reclaim anything; Richman, a then-government contractor with whom Comey communicated extensively about government business, is seeking this evidence. Richman has run to a partisan Democrat judge not even involved in the criminal case - and not even in the same district - to procure the destruction of crucial evidence in that case in an obvious effort to assist his friend Comey. Comey cannot challenge the warrant against Richman because he lacks standing to do so. Incredibly, Kollar-Kotelly suggested that Richman could move to quash this evidence in Virginia.  She's going way out of her way to help Comey. Judges presiding over cases often have excluded evidence against defendants as having been obtained in violation of the Fourth Amendment. It is, however, extraordinary for a different judge - especially in a different district - to interfere in and dramatically hamper the prosecution's case based on a claim by a third party of a wrongful search and seizure, especially when the evidence the government wishes to use consists of communications between that third party and the defendant - a defendant who was a senior government official.

Kollar-Kotelly's ruling is part of a larger pattern. Leftist judges like Obama-appointed D.C. Judge Tanya Chutkan - who presided over President Trump's January 6-related case, Boasberg, who signed off on the national disgrace that was Operation Arctic Frost, and many other Democrat judges did nothing to stop and did much to escalate the lawfare waged against President Trump, his aides, and his allies. Now, the Justice Department is seeking legal accountability for lawfare perpetrators like Comey. Currie and Kollar-Kotelly have endeavored to prevent - or, at the very least, drastically decrease the chances of - such legal accountability. Courts do not order the FBI to destroy evidence in pending investigations, except when the evidence is harmful to a lawfare perpetrator like Comey. The inconsistency between the treatment afforded lawfare perpetrators and lawfare targets threatens the very legitimacy of the federal judiciary. If higher courts do not reign in these rogue judges, Congress must do so through oversight, withholding of funds from judicial appropriations, and impeachment.  A system where the judiciary enables lawfare and then shields its perpetrators from legal consequences is unsustainable, and higher courts must put a stop to it.