Prosecutors Seek Disqualification of Comey's Lawyer

Federal prosecutors asked U.S. District Judge Michael Nachmanoff to disqualify James Comey’s lead defense attorney Patrick Fitzgerald, arguing publicly available information suggests Fitzgerald acted as a conduit for Comey to disclose classified material after his 2017 firing. They requested an expedited “filter team” to review potentially privileged communications and assess Fitzgerald’s role without breaching attorney–client privilege, citing a 2019 DOJ Office of Inspector General report describing Fitzgerald acting as a middleman in transmitting Comey’s memos to the media. Comey, indicted in September on counts of making false statements and obstructing a congressional proceeding, has pleaded not guilty; his lawyers oppose disqualification, saying the memos were not classified at the time and there is no good-faith basis to impute criminal conduct to Comey or Fitzgerald. The OIG concluded Comey shared sensitive investigative information and that some memo content was later deemed classified, but it found no evidence that Comey or his attorneys released classified information to the media and noted Fitzgerald cooperated in removing materials from his accounts. Prosecutors say a filter review could reveal exculpatory or inculpatory evidence relevant to both sides and urged swift judicial action, making the dispute a focal point over privilege, conflict-of-interest concerns, and how the 2017 disclosures relate to the current criminal case.