Bloomberg Law Comey Defense & Michael Jordan NASCAR Court Win
Nov 7, 2025
Former federal prosecutor Robert Mintz shares insights on James Comey's legal battle, discussing the implications of grand jury irregularities and prosecutorial scrutiny. Antitrust expert Harry First dives into Michael Jordan's fight against NASCAR, revealing the court's ruling that recognizes premier stock car racing as a distinct market. He explains NASCAR's monopsony power and the challenges plaintiffs face in proving damages. The conversation also touches on how these developments might pressure a settlement and the unique dynamics of a jury trial involving a sports icon.
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Judicial Skepticism Of Prosecutorial Procedures
- Judges are increasingly skeptical of prosecutors when unusual procedural issues arise.
- The magistrate ordered prosecutors to turn over grand jury materials and seized evidence for Comey's team to review.
Limits On Reusing Seized Evidence
- Evidence seized under narrow search warrants can be contested if used for different charges later.
- Comey's lawyers argued seized materials exceeded original scope and may be privileged to him, not the prior client.
Allow Defense Review Of Seized Materials
- Turn over seized materials promptly to allow defense privilege review and avoid tainting a case.
- Prosecutors risk having their filings disregarded or the indictment challenged if defenses lack access beforehand.