Clinton-Appointed Judge Orders FBI to Destroy Evidence in Comey Case
A Clinton-appointed federal judge has ordered the FBI to destroy emails central to the obstruction and false statements case against former FBI Director James Comey, a decision that legal experts warn could cripple prosecutors’ ability to pursue a new indictment and set off a constitutional showdown over separation of powers.
U.S. District Judge Colleen Kollar-Kotelly, who sits on the D.C. District Court, issued the surprise order on December 13, directing the FBI to permanently delete all data seized from Columbia Law Professor Daniel Richman—Comey’s longtime friend and former government contractor—by 4 p.m. Monday.
The emails include key exchanges between Richman and Comey that prosecutors allege show Comey authorized leaks and false testimony about his role in Operation Crossfire Hurricane.
The ruling follows the September indictment of Comey on two counts—making false statements to Congress and obstruction of a congressional proceeding—related to his 2020 testimony about the FBI’s Trump-Russia investigation. Prosecutors allege Comey falsely denied using intermediaries to leak classified material to the press, and that he used Richman as an outside conduit for anti-Trump leaks while Richman held a government contract.
Six years ago, Judge James Boasberg—himself an Obama appointee—signed the warrant that allowed the FBI to seize Richman’s devices. But Kollar-Kotelly’s order, issued from a separate court and in a separate district, now directs the destruction of that same evidence.
“This ruling threatens the separation of powers essential to the Republic, and either the D.C. Circuit or Supreme Court must intervene immediately,” said Mike Davis, president of the Article III Project and a former Senate Judiciary Committee counsel.
Richman, who is not charged in the case, petitioned for the return of his emails under Rule 41(g) of the Federal Rules of Criminal Procedure, arguing that the government violated his Fourth Amendment rights by seizing and reviewing his communications. Rule 41(g) typically allows a defendant to recover property obtained in an unlawful search—but in this case, Richman is a third party, not a defendant, and the communications in question include evidence against a sitting defendant, James Comey.
Despite this, Judge Kollar-Kotelly granted Richman’s motion and ordered that a single copy of the emails be provided to Judge Michael Nachmanoff, who is presiding over the Comey case in Virginia, but barred prosecutors from reviewing or relying on the material in any future filings.
“The FBI and the prosecution will be unable to review them in their efforts to seek a new indictment if [Judge Cameron] Currie’s dismissal ruling survives on appeal,” Davis said. “Even if a higher court reverses Currie, the government’s inability to review the emails to use as evidence and prepare for trial would massively hamper its case.”
Judge Currie, another Clinton appointee in South Carolina, dismissed the Comey indictment last month, ruling that the appointment of interim U.S. Attorney Lindsey Halligan—who led the prosecution—was unconstitutional. The Justice Department has appealed Currie’s ruling to the Fourth Circuit.
Davis called the ruling “unprecedented judicial sabotage,” arguing that “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.”
In a separate op-ed published by Fox News, Davis warned that the decision fits a larger pattern of “leftist judicial interference” aimed at shielding political allies while undermining accountability for the Trump-era lawfare architects.
“Now, a Clinton-appointed judge in the District of Columbia, Colleen Kollar-Kotelly, has interfered even more egregiously with the government’s case,” Davis wrote. “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 Justice Department is expected to seek an emergency stay from the D.C. Circuit or the U.S. Supreme Court before Monday’s deadline.
If the order stands, prosecutors may lose access to one of the few remaining troves of direct evidence linking Comey to alleged leaks and obstruction. And if higher courts fail to intervene, it could mark the first time in recent memory that a federal judge outside a criminal case has ordered the destruction of key evidence against a former FBI director.
⚠️ TRUMP JUST TOOK A BOMBSHELL HIT — SHOCKING RESIGNATION NOBODY SAW COMING!
🚨 PENTAGON SHAKE-UP — TOP U.S. GENERAL CHRISTOPHER DONAHUE LEAVES EUROPE & NATO COMMANDS!
Gen. Christopher Donahue, one of the U.S. Army's most experienced combat commanders and the officer widely remembered as the last American service member to leave Afghanistan in 2021, has relinquished his senior commands in Europe as he moves toward retirement during a broader reshaping of the Pentagon's top ranks under Defense Secretary Pete Hegseth.
Donahue stepped down as commanding general of U.S. Army Europe and Africa on July 2 after roughly 18 months in the position. The Army placed his deputy, Maj. Gen. Christopher R. Norrie, in charge on an acting basis while the administration considers a permanent successor who would require presidential nomination and Senate confirmation.
Donahue also held a second, NATO role as commander of Allied Land Command in Izmir, Türkiye. The Army said he would relinquish that command on July 9, meaning both of the senior positions he had held since December 2024 are now behind him.
That timing matters because some reports have described Donahue as merely preparing to leave. By August, however, his departure from the two operational commands had already occurred. What remains less clear publicly is the precise effective date of his retirement from active Army service.
Hegseth Requested the Retirement, According to Reporting
The Army's public statement thanked Donahue for his leadership but did not provide a detailed reason for his departure. Fox News reported that Donahue submitted retirement paperwork at Hegseth's request. The Associated Press likewise described the move as an unexpected departure that came as the Pentagon was reducing the number of senior officers.
Because the Defense Department has not publicly released a personnel order explaining the decision in detail, the claim that Hegseth personally requested the retirement should be attributed to reporting rather than presented as part of the Army's formal explanation.
Donahue's exit is part of a much larger turnover among the military's senior leadership. Hegseth has repeatedly argued that the armed forces should reduce the number of generals and admirals and redirect attention and resources toward operational forces and enlisted personnel. The administration has summarized that approach with the phrase 'less generals, more GIs.'
Supporters of the restructuring argue that a leaner senior command structure can reduce bureaucracy and sharpen accountability. Critics, including some former defense officials and lawmakers, have questioned whether the rapid removal or early departure of highly experienced officers risks weakening continuity at a time of major security challenges in Europe, the Middle East and the Indo-Pacific.
A High-Profile Combat Career
Donahue graduated from the U.S. Military Academy at West Point and spent much of his career in special operations. He served in elite units and held command roles during operations in Iraq and Afghanistan before taking command of the 82nd Airborne Division in July 2020.
His most widely recognized public moment came during the final U.S. withdrawal from Afghanistan in August 2021. Donahue was brought to Kabul as the 82nd Airborne Division helped secure Hamid Karzai International Airport during the emergency evacuation that followed the collapse of the Afghan government and the Taliban's return to power.
On Aug. 30, 2021, a night-vision image showed Donahue boarding the final U.S. C-17 to depart Kabul. The photograph became one of the defining images of the end of America's nearly 20-year war in Afghanistan.
The evacuation airlift moved more than 120,000 people out of Afghanistan in a matter of weeks. Donahue's role in the airport operation received praise from officials in both parties even as the wider withdrawal drew intense criticism over planning, the collapse of the Afghan government and the deadly security conditions surrounding the airport.
The distinction is particularly important when discussing the Aug. 26, 2021, ISIS-K suicide bombing at Abbey Gate. The attack killed 13 U.S. service members and scores of Afghan civilians. Marines were responsible for security at Abbey Gate, rather than soldiers under Donahue's direct tactical control at that location. That does not remove the incident from the broader evacuation he helped oversee, but it avoids incorrectly assigning him direct responsibility for the gate's security.
Afghanistan Review Adds Political Context
President Donald Trump and Hegseth have continued to criticize the Biden administration's handling of the Afghanistan withdrawal. In May 2026, Hegseth ordered another Pentagon review of the evacuation and withdrawal despite earlier examinations by the Defense Department, U.S. Central Command, the State Department and congressional committees.
There is no public evidence establishing that Donahue was removed because of misconduct during the Afghanistan operation. Existing reporting instead places his departure within the administration's broader effort to reshape senior military leadership, while also noting that Afghanistan remains an important political and institutional backdrop.
For that reason, it would be misleading to state as fact that Donahue was forced out specifically as punishment for the 2021 withdrawal unless the Pentagon or other authoritative evidence establishes that connection.
Donahue Became a Central Figure in U.S. and NATO Planning in Europe
After Afghanistan, Donahue's career continued to rise. He later commanded XVIII Airborne Corps and became deeply involved in U.S. military activity in Europe following Russia's full-scale invasion of Ukraine in February 2022.
He assumed command of U.S. Army Europe and Africa and NATO Allied Land Command in December 2024, receiving his fourth star in connection with the assignment. Those dual roles made him one of the most influential American land-force commanders in Europe.
During his tenure, Donahue focused heavily on integrating U.S. and allied land forces, improving readiness along NATO's eastern flank and adapting conventional formations to a battlefield increasingly shaped by drones, electronic warfare and rapid data sharing.
The Army credited Donahue with helping develop and scale the Eastern Flank Deterrence Initiative, a concept intended to connect U.S. and allied forces more closely with NATO's regional defense plans. The initiative emphasizes a digital operating picture, faster decision-making and the integration of manned and unmanned systems.
Officials and military observers also highlighted Donahue's experience with the lessons emerging from the war in Ukraine. Reporting described him as one of the Army's most knowledgeable senior leaders on drone warfare and on the changing character of large-scale land combat.
Norrie Takes Over as Acting Commander
Maj. Gen. Christopher Norrie is now serving as acting commanding general of U.S. Army Europe and Africa. The Army says he will remain in that role until a permanent successor is nominated by the president and confirmed by the Senate.
Norrie is an armor officer with previous command experience in Europe and at major Army training formations. His temporary appointment provides continuity while the administration decides whether the U.S. Army Europe and Africa position will remain structured as a four-star command.
That question has not been definitively resolved in public. The Associated Press reported that Army officials were discussing whether to downgrade the command from a four-star billet to a three-star billet. Such a move would fit the Pentagon's effort to reduce the number of senior general and flag officers, but discussion of a change should not be reported as a final decision unless the department formally announces it.
The Departure Comes During a Wider Review of U.S. Forces in Europe
Donahue's exit also coincides with a broader reassessment of the American military posture in Europe. Hegseth announced a six-month Pentagon review intended to examine U.S. deployments and push NATO allies toward assuming greater responsibility for the continent's conventional defense.
The review reflects one of the Trump administration's central arguments about NATO: European members should spend more on defense and provide more of the forces required for their own security, while the United States retains the ability to respond to major threats without carrying as much of the routine burden.
That policy debate gives Donahue's departure significance beyond the career of a single officer. U.S. Army Europe and Africa is a key operational headquarters for American land forces across two continents, and its future rank structure, staffing and mission could affect how Washington organizes deterrence against Russia and supports allied forces.
Four-Star Retirement Rules Are More Complicated Than a Simple Benefits Question
Another point requiring care involves Donahue's retirement grade. Federal law generally requires commissioned officers to serve at least three years in a grade above captain before voluntarily retiring in that grade. The defense secretary may reduce that requirement to no less than two years in certain cases, while the president may waive the service-in-grade requirement in an individual case involving extreme hardship or exceptional or unusual circumstances.
Donahue became a four-star general in December 2024. If he retires from active service before satisfying the applicable service-in-grade requirement and seeks to retire in the grade of general, additional statutory action would therefore be required. The law also requires the secretary of defense to certify that an officer retiring as a three- or four-star officer served satisfactorily in that grade.
It is more accurate to describe this as an issue involving eligibility to retire in the four-star grade, rather than simply saying Donahue needs a presidential waiver to receive 'full four-star benefits.' His eventual retired grade and retired pay depend on the statutory process and any reduction or waiver that may be approved.
What Is Confirmed and What Remains Unclear
Several facts are established. Donahue relinquished U.S. Army Europe and Africa on July 2 after approximately 18 months in command. Norrie is serving as acting commander. Donahue also relinquished NATO Allied Land Command on July 9. He submitted retirement paperwork amid Hegseth's wider campaign to reduce senior military leadership, according to multiple reports.
It is also clear that Donahue leaves behind an unusually prominent military record, spanning special operations, Iraq and Afghanistan, command of the 82nd Airborne Division, the Kabul evacuation and senior responsibility for U.S. and NATO land forces in Europe.
What has not been publicly established is a detailed official explanation for why Hegseth wanted Donahue to leave, whether Afghanistan was a direct factor in the decision, exactly when Donahue's retirement from active service becomes effective, or whether the U.S. Army Europe and Africa commander billet will ultimately be reduced from four stars to three.
Those unanswered questions are likely to keep the departure under scrutiny. Donahue was widely regarded inside the Army as a potential candidate for even higher command, including possible future service as chairman of the Joint Chiefs of Staff. His early exit therefore represents not just another personnel change, but a visible example of how rapidly the Pentagon's senior leadership structure is being remade under the current administration.
