Prosecutors have signaled that they might seek the removal of James Comey’s lead defense attorney, Patrick Fitzgerald, alleging a potential conflict of interest stemming from Comey’s disclosures in 2017, shortly after President Donald Trump fired him as FBI director in his first term. The Department of Justice requested that U.S. District Judge Michael Nachmanoff expedite their request for a so-called ‘filter team’ of lawyers to review information in Comey’s case, including privileged materials.
The filing by prosecutors highlights their concern over Fitzgerald’s close relationship with Comey, noting whether Fitzgerald played any role in the disclosures made by Comey during Trump’s first term. The Justice Department has cited a 2019 report from its Office of the Inspector General, which criticizes Comey for sharing some information about his interactions with Trump with his lawyers, including information later deemed classified. However, the report also found no evidence that Comey or his attorneys released any of the classified information to the media. The office did not charge Comey with illegally disclosing information.
Comey’s legal team has strongly opposed the DOJ’s push for a filter team, arguing that the memos Comey sent to his lawyers were not classified at the time (a designation made after the fact). They claim there is no good faith basis for attributing criminal conduct to either Comey or his lead defense counsel, describing the claim as ‘provably false’ and an effort to defame the attorney. Fitzgerald, who is one of several high-profile lawyers representing Comey, has not commented publicly on the matter.
Prosecutors are also scrutinizing the appointment of Lindsey Halligan, a former White House aide, as the acting U.S. attorney for the Eastern District of Virginia. Comey’s team has challenged Trump’s decisions in the case, including Halligan’s appointment, which came three days before a grand jury indicted Comey on two felony charges of obstruction and making false statements. Comey’s lawyers have previously suggested that Halligan’s appointment, made under pressure to indict Comey and Letitia James, could strengthen their motion to dismiss the case. They are preparing to file a formal motion to dismiss the criminal case on ‘vindictive’ prosecution grounds.