Federal prosecutors are seeking the removal of the Comey defense lawyer from the former FBI director’s criminal case. The Justice Department claims attorney Patrick Fitzgerald may face a conflict related to disclosures made in 2017. The issue stems from Fitzgerald’s longstanding friendship and professional ties with James Comey during their time as prosecutors.
The motion argues that Fitzgerald could have played a role in sharing Comey’s personal memos after his firing. Prosecutors stated that this relationship raises serious concerns about Fitzgerald’s impartiality and possible involvement in the disclosures. They also requested that a “filter team” review the communications between Comey and his lawyers immediately.
Assistant U.S. attorneys Tyler Lemons and Gabriel Diaz emphasized that Fitzgerald’s participation could compromise the case’s integrity. They claimed public evidence suggests Comey used his Comey defense lawyer to disclose sensitive government information improperly. Prosecutors asked Judge Michael Nachmanoff to expedite the review process before additional filings begin.
Comey’s legal team rejected the allegations, calling them baseless and defamatory toward Fitzgerald and his defense work. They argued that none of Comey’s shared memos were classified when he provided them to his attorneys. His lawyers insisted that any later classification occurred after the memos had already been reviewed privately.
Fitzgerald’s team described the Justice Department’s claims as “provably false” and politically motivated to discredit the defense. They said there is no valid basis to claim a conflict or seek Fitzgerald’s disqualification. The attorneys further accused prosecutors of attempting to undermine Comey’s constitutional right to counsel of choice.
Comey currently faces charges for obstruction and making false statements related to his conduct after his FBI tenure. His team plans to file a motion to dismiss, citing what they call “vindictive” prosecution. The filing also challenges Trump’s recent appointment of Lindsey Halligan as acting U.S. attorney in Virginia.
The Justice Department’s actions suggest it is preparing an aggressive pretrial strategy in the high-profile case. Meanwhile, Fitzgerald has declined public comment, leaving the future of the Comey defense lawyer role uncertain. As both sides escalate their arguments, the dispute underscores growing political tension surrounding Comey’s legal battle.
