Prosecutors Suggest They May Ask to Disqualify Comey’s Attorney
- Rahaman Hadisur
- 1 hour ago
- 2 min read
Hadisur Rahman, JadeTimes Staff
H. Rahman is a Jadetimes news reporter covering the USA
Federal prosecutors have notified a Virginia federal court that they may seek to disqualify the lead attorney for former FBI director James Comey due to potential conflicts of interest. The government’s late‐Sunday filing informed U.S. District Judge Michael Nachmanoff that attorney Patrick Fitzgerald’s past involvement with Comey’s media disclosures following his 2017 dismissal by President Donald Trump “could inform a potential conflict and disqualification issue.”
Comey pleaded not guilty earlier this month to one count of false statements and one count of obstructing a congressional proceeding, arising from his September 2020 Senate testimony. According to the motion, prosecutors are asking the court to establish a “filter protocol” to allow a separate team to review certain documents currently under quarantine because they involve communications between Comey and attorneys including Fitzgerald before the trial team gains access.
In their response, Comey’s lawyers dismissed the notion of any conflict of interest, stating “there is no good-faith basis for attributing criminal conduct to either Mr. Comey or his lead defense counsel” and warning that the government’s expedited review plan appears “unlawful.” They also argued that the filter proposal threatens attorney‐client privilege and have asked the court to deny the request, citing the need for adequate time to respond.
Prosecutors’ conflict concerns center on Fitzgerald’s role in arranging for Comey’s memoranda created after his firing to be disseminated to the media. A 2019 Justice Department Inspector General report found that while classified information was involved, the case against Comey’s attorneys was declined at that time. Nonetheless, the new filing contends that Fitzgerald’s past conduct blurs his ability to represent Comey without related adverse personal interests.
Fitzgerald, a former U.S. attorney and longtime friend of Comey, has not commented publicly. The judge must now determine whether the documents at issue warrant immediate review by a neutral “filter” team, and whether Fitzgerald should be removed from the case entirely a decision that could significantly reshape the defence strategy.
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