Judge Assigned to Fired FBI Director James Comey’s Case

Timing remains unclear, but the renewed push reflects heightened pressure inside the Trump DOJ to reopen matters the president has repeatedly called out as examples of a politicized “deep state.”

The development carries particular irony. In the earlier Mar-a-Lago documents case brought by special counsel Jack Smith, the Justice Department and FBI insisted that any document they labeled “classified” was off-limits to judicial review or disclosure to the defendant.

The 11th Circuit Court of Appeals agreed, ruling that classification status is whatever the executive branch’s national-security apparatus says it is.

That precedent now applies with full force to Comey’s memos. If the current DOJ and intelligence community deem the documents classified — because they memorialize the president’s discussions on ongoing national-security matters — Comey’s defense that the memos were never classified collapses under the same legal standard his allies once championed.