DOJ asks judge to remove Comey’s lead defense lawyer

Federal prosecutors indicated Sunday they might search the elimination of the lead lawyer in James Comey’s felony case, citing his attainable position in revelations Comey made in 2017, shortly after President Donald Trump fired him throughout his first time period as FBI director.

Prosecutors cited Comey’s longtime relationship with the lawyer who oversaw his case, Patrick Fitzgerald, as a possible battle of curiosity — noting specifically whether or not Fitzgerald might need performed a task within the revelations Comey made throughout Trump’s first time period.

“This truth raises a difficulty of battle and disqualification for the present lead counsel,” prosecutors stated of Fitzgerald, Comey’s longtime good friend and former colleague. The 2 overlapped throughout their time as federal prosecutors for the Southern District of New York.

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FBI Director James Comey greets President Donald Trump in the course of the inaugural reception for legislation enforcement and first responders within the Blue Room of the White Home in Washington on January 22, 2017. (REUTERS/Joshua Roberts)

Prosecutors on Sunday urged U.S. District Decide Michael Nachmanoff to expedite their request for a so-called “filter crew” of attorneys that may be tasked with reviewing info in Comey’s case, together with confidential materials.

Prosecutors informed the courtroom that the “filter crew” might be essential in clarifying the position Fitzgerald might have performed in disseminating info that Comey shared after he left the FBI, together with materials protected by attorney-client privilege.

“Primarily based on disclosed info, the defendant used the present lead lawyer to improperly disclose confidential info,” Assistant U.S. Attorneys Tyler Lemons and Gabriel Diaz stated within the submitting. reported by Politico.

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The US District Court docket for the Jap District of Virginia is positioned in Alexandria, Virginia. (Bonnie Money/Getty Photographs)

Legal professionals for Comey shortly pushed again in opposition to the push for the expedited filtering crew and filtering protocol sought by the Justice Division, noting in a separate courtroom submitting on Monday that the memos Comey despatched to his attorneys had been unclassified on the time (a designation made after the very fact).

“In brief, there is no such thing as a good religion foundation for attributing felony conduct to Mr. Comey or his lead counsel,” they stated of Fitzgerald, describing the declare as “demonstrably false” and an try to discredit the lawyer.

“Equally, there is no such thing as a good religion foundation to allege a ‘battle between’ Mr. Comey and his counsel, a lot much less a foundation to disqualify the lead counsel,” they added.

Fitzgerald is among the many high-profile attorneys representing Comey in his felony case within the Jap District of Virginia, the place the previous FBI director was charged final month with one felony rely of creating a false assertion and one other misdemeanor rely of obstruction.

Prosecutors named A Report 2019 from the Workplace of the Inspector Common of the Division of Justice. The report excoriated Comey for sharing sure details about his interactions with Trump whereas serving as FBI director along with his attorneys, together with info that was later deemed categorized.

However it additionally concluded that there was no proof “that Comey or his attorneys launched the categorized info in any of the memos to members of the media.”

The workplace additionally declined to cost Comey with illegally disclosing the knowledge.

Fitzgerald declined to answer Fox Information’ request for remark.

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Lindsey Halligan, Particular Assistant to the President, speaks to a reporter outdoors the White Home in Washington, D.C. on August 20, 2025 (Jacquelyn Martin/AP)

Nonetheless, the movement comes as prosecutors battle for some early hits of their case in opposition to Comey, which is anticipated to return beneath renewed scrutiny this week.

Comey’s crew has challenged Trump’s selections within the case in current days, together with his appointment of former White Home aide Lindsey Halligan as appearing U.S. lawyer for the Jap District of Virginia.

Halligan was put in within the position final month after interim lawyer Erik Siebert resigned beneath strain to indict Comey and one other Trump foe, New York Legal professional Common Letitia James.

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Comey’s attorneys beforehand steered that Halligan’s nomination, made three days earlier than a grand jury issued his indictment, might strengthen their movement to dismiss.

It is usually hours earlier than Comey’s attorneys will file a proper request to dismiss the felony case on grounds of “vindictive” prosecution.