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.
Prosecutors on Sunday urged U.S. District Judge Michael Nachmanoff to expedite their request for a so-called ‘filter team’ of lawyers, which would be tasked with reviewing information in Comey’s case, including privileged materials.
Prosecutors told the court the ‘filter team’ could be crucial to help clarify the role Fitzgerald may have played in disseminating information Comey shared after leaving the FBI, including any materials that are protected by attorney-client privilege.
‘Based on publicly disclosed information, the defendant used current lead defense counsel to improperly disclose classified information,’ assistant U.S. attorneys Tyler Lemons and Gabriel Diaz said in the filing, first reported by Politico.
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.
Fitzgerald is one of several high-profile lawyers representing Comey in his criminal case in the Eastern District of Virginia, where the former FBI director was charged last month with one felony count of making a false statement and another felony count of obstruction.
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.’
The office also declined to charge Comey with illegally disclosing the information.
Fitzgerald declined to respond to Fox News’s request for comment.
Still, the motion comes as prosecutors vie for some early hits in their case against Comey, which is expected to come under new scrutiny this week.
Comey’s team in recent days has challenged Trump’s decisions in the case, including his appointment of former White House aide Lindsey Halligan as acting U.S. attorney for the Eastern District of Virginia.
Halligan was installed last month to the role after interim attorney Erik Siebert resigned under pressure to indict Comey and another Trump foe, New York Attorney General Letitia James.
Comey’s lawyers previously suggested that Halligan’s appointment, made three days before a grand jury handed down his indictment, could strengthen their motion to dismiss.
It also comes hours before Comey’s lawyers will file a formal motion to dismiss the criminal case on grounds of ‘vindictive’ prosecution.