The Lawfare Podcast

Rational Security: The “Chicken Fight” Edition

Nov 19, 2025
Roger Parloff, Senior Editor at Lawfare with expertise in legal analysis, joins Anna Bower, another Senior Editor focused on legal and political developments, and Michael Feinberg, a former federal investigator. They discuss a significant ruling allowing James Comey access to grand jury errors, which could impact his prosecution. The team also delves into the political tug-of-war over the Epstein files, highlighting a surprising shift in White House support for transparency. Lastly, they critique the right-wing media's handling of investigations and its ramifications.
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INSIGHT

Grand Jury Missteps Could Topple Prosecution

  • Magistrate Judge Fitzpatrick concluded the government may have misled the grand jury in Comey's prosecution and granted extraordinary discovery.
  • That ruling raises the prospect of dismissal and wider exposure of prosecutorial missteps affecting other politically sensitive cases.
INSIGHT

Stale Warrants And Missing Taint Protocols

  • The court flagged Fourth Amendment and privilege problems from FBI reviews of old Richmond search-warrant material used against Comey.
  • The magistrate said using those fruits as the centerpiece without proper taint procedures departs sharply from DOJ norms.
ADVICE

Always Re-Warrant And Use A Taint Team

  • When reusing seized materials investigators should get a new warrant and use a taint team before exposing privileged content.
  • Follow established DOJ guardrails to avoid suppression and privilege waivers that can sink prosecutions.
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