A federal magistrate judge said possible “government misconduct” by prosecutor Lindsey Halligan may have tainted the grand jury process in the James Comey case and ordered the release of grand jury records to the defense.

Fitzpatrick, the magistrate judge, ordered prosecutors to turn over grand jury materials and recordings to Comey this afternoon. The Justice Department just filed an emergency motion to stay that order so that it can appeal the decision to the district court judge who is overseeing the case.

A federal judge is prepared to hear arguments Thursday on whether Lindsey Halligan should be removed from the Comey and James cases.