On Sunday, the Department of Justice (DOJ) announced that they may seek the removal of former FBI Director James Comey's primary defense attorney, citing a conflict of interest.
Federal prosecutors signaled that they might seek the removal of the lead defense attorney in James Comey's criminal case on Sunday, citing his possible role in the disclosures Comey made in 2017, shortly after President Donald Trump fired him as FBI director in his first term.
Prosecutors cited the yearslong relationship between Comey and the defense attorney overseeing his case, Patrick Fitzgerald, as a possible conflict of interest — noting in particular whether Fitzgerald might have had any role in the disclosures Comey made during Trump's first term.
"This fact raises a question of conflict and disqualification for current lead defense counsel," prosecutors said of Fitzgerald, Comey's longtime friend and former colleague. The two overlapped during their time as federal prosecutors for the Southern District of New York.
Lawyers for Comey promptly pushed back:
Lawyers for Comey swiftly opposed the push for the expedited filter team and filter protocol sought by the Justice Department, noting in a separate court filing Monday that the memos Comey sent to his lawyers were not classified at the time (a designation made after the fact).
"In short, there is no good faith basis for attributing criminal conduct to either Mr. Comey or his lead defense counsel," they said of Fitzgerald, describing the claim as "provably false" and an effort to defame the attorney.
"Similarly, there is no good faith basis to claim a 'conflict between' Mr. Comey and his counsel, much less a basis to move to disqualify lead defense counsel," they added.
In September, James Comey, who was the Director of the FBI from 2013 to 2017, was indicted on two counts: making a false statement to Congress, and obstructing a congressional proceeding. These charges are linked to Comey's 2020 testimony over the "Russian collusion" affair.
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Comey's defense team is claiming that no classified information was released — to the media.
Prosecutors cited a 2019 report from the Justice Department’s Office of the Inspector General. The report excoriated Comey for sharing some information about his interactions with Trump while serving as FBI director with his lawyers, including information that was later deemed to be classified.
But it also concluded that there was no indication "that Comey or his attorneys released any of the classified information contained in any of the memos to members of the media."
Patrick Fitzgerald is the attorney who, in 2005, brought an indictment against then Vice President Dick Cheney's Chief of Staff, Lewis "Scooter" Libby, which entailed five charges, including perjury and obstruction of justice. Libby was later convicted on four of the five charges. Fitzgerald was retained as defense counsel for Comey in September, following Comey's indictment. As of this writing it is not known when the case may go to trial, though it is presently set for January 5, 2026. Comey's attorneys are expected to file a motion to dismiss the case in the near future.
This is a developing story. We will bring you updates as events warrant.
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