Prosecutors in the eastern district of Virginia are being asked by a federal judge to turn over all evidence of alleged crimes to James Comey’s legal team by the end of the day on Monday. Based on court filings, it appears that prosecutors fear Mr. Comey could leak sensitive information to the press, and are asking the judge to restrict what information he can retain. 

The former FBI director faces two charges related to alleged false testimony to the Senate Judiciary Committee in September 2020. One charge alleges he lied to Congress while the other claims that he obstructed a congressional proceeding. He appeared at a northern Virginia federal courthouse last week to plead not guilty. 

In an order issued Monday morning, Judge Michael Nachmanoff stated that the government must turn over all of its evidence to Mr. Comey’s team by the end of the day. Mr. Comey’s lawyers have complained that they do not yet have access to the information, even as key deadlines are approaching. 

There is a dispute at the moment over a possible protective order, which would limit Mr. Comey’s ability to access and retain certain evidence. Judge Nachmanoff says the parties must come to an agreement on that issue by 5 p.m. Monday, or he will hold a hearing to decide for himself the parameters of the protective order. 

“To the extent that the parties cannot reach agreement with respect to the terms of a protective order by Monday, October 13, 2025, at 5:00 p.m., the Court shall promptly set a hearing to resolve any such dispute,” the judge wrote. “Under no circumstance shall the failure to reach agreement with respect to a protective order justify withholding prompt disclosure of discovery to defense counsel for review.”

Prosecutors have asked Judge Nachmanoff to limit what information Mr. Comey can access once it is turned over to his lawyers, arguing that much of the evidence includes “sensitive” law enforcement information. Examples include information that is “for official use only,” including “private emails or texts.” 

The government says that because Mr. Comey has already made a “public statement” about the case, there should be limits placed on what information he can access and retain. 

In a brief video on his Substack posted the same day he was indicted last month, Mr. Comey stated that his family was suffering the “costs” of criticizing President Trump. “Fear is the tool of a tyrant,” Mr. Comey said in the message, quoting a friend of his. 

“Both the defendant and the government have an interest in a fair trial with impartial jurors making decisions based only on the evidence that is part of the record,” prosecutors argued Monday. 

Based on the text of the proposed protective order, it seems that the government is concerned that Mr. Comey could leak sensitive information to the press. Prosecutors are asking that all protected materials be viewed only by Mr. Comey, his attorneys, and employees of his attorney working on the case. 

They are asking Judge Nachmanoff to order that “the Protected Materials or information contained therein” not be used “for any purpose other than preparing to defend against the criminal charges in this matter.”

Under their protective order, Mr. Comey would be barred from retaining sensitive information, and would only be able to review the records during meetings with his attorneys.