James Comey Faces New Setback as DOJ Questions His Lead Lawyer’s Role [WATCH]

Federal prosecutors indicated Sunday that they may seek the removal of former FBI Director James Comey’s lead defense attorney, citing a possible conflict of interest tied to disclosures Comey made in 2017 after President Donald Trump dismissed him during his first term.

The Department of Justice pointed to the long professional relationship between Comey and his current attorney, Patrick Fitzgerald, as a potential issue.

Prosecutors questioned whether Fitzgerald had any involvement in Comey’s sharing of information during that period.

“This fact raises a question of conflict and disqualification for current lead defense counsel,” prosecutors wrote of Fitzgerald, a longtime friend and former colleague of Comey.

Both men previously served as federal prosecutors in the Southern District of New York.

In a filing submitted to U.S. District Judge Michael Nachmanoff, prosecutors requested an expedited review and the appointment of a “filter team” of government attorneys.

That team would be responsible for assessing materials in Comey’s criminal case, including communications potentially protected by attorney-client privilege.

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Assistant U.S. Attorneys Tyler Lemons and Gabriel Diaz stated in the filing that the team would help determine Fitzgerald’s potential role in disseminating information Comey disclosed after leaving the FBI.

“Based on publicly disclosed information, the defendant used current lead defense counsel to improperly disclose classified information,” they wrote, according to court documents first obtained by Politico.

Comey’s legal team quickly filed an opposition Monday, rejecting the government’s request for an expedited filter team and protocol.

They argued that the memos Comey shared with his lawyers in 2017 were not classified at the time and that the classification occurred later.

“In short, there is no good faith basis for attributing criminal conduct to either Mr. Comey or his lead defense counsel,” the filing stated.

Comey’s lawyers described the government’s claim as “provably false” and an attempt to damage Fitzgerald’s reputation.

“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, a former U.S. attorney for the Northern District of Illinois, is part of Comey’s broader legal team defending him in the Eastern District of Virginia.

The former FBI director was charged last month with one count of making a false statement and one count of obstruction of justice.

Prosecutors referenced a 2019 report from the Justice Department’s Office of the Inspector General that criticized Comey for sharing certain details about his interactions with President Trump with his attorneys.

While the report determined that some of the material later became classified, it also found no evidence “that Comey or his attorneys released any of the classified information contained in any of the memos to members of the media.”

The Inspector General’s office ultimately declined to recommend charges related to the disclosures.

The motion arrives as prosecutors seek early procedural wins in the case, which is expected to draw new attention this week.

Comey’s defense team has challenged multiple government actions, including President Trump’s appointment of former White House aide Lindsey Halligan as acting U.S. attorney for the Eastern District of Virginia.

Halligan was appointed to the post last month following the resignation of interim U.S. attorney Erik Siebert, who reportedly faced pressure to move forward with indictments against Comey and New York Attorney General Letitia James.

Comey’s attorneys have argued that Halligan’s appointment, made three days before the grand jury issued Comey’s indictment, could strengthen their forthcoming motion to dismiss.

That filing is expected to allege that the case represents a “vindictive” prosecution.

The court is set to hear arguments in the coming days on both the Justice Department’s request for a filter team and the defense motion to dismiss.