Dec. 10 (UPI) -- The Justice Department has appealed a federal judge's order blocking prosecutors from using evidence to bring a second indictment against former FBI Director James Comey.

In a court filing Tuesday in U.S. District Court for the District of Columbia, prosecutors said Judge Colleen Kollar-Kotelly's temporary restraining order issued Monday "has effectively enjoined the government from investigating and potentially prosecuting Comey."

A friend of Comey's, attorney Daniel Richman, sought the restraining order to prevent prosecutors from using evidence he said was gathered illegally from his devices during a previous investigation looking into a possible national security leak. No indictments came of that probe, CNN reported.

Now, the Justice Department seeks to use the evidence it gathered as part of a case charging Comey with lying to and obstructing Congress as to whether he leaked information about a 2016 investigation into President Donald Trump to the media through Richman.

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