DOJ looks to remove Comey's lead defense attorney over years-long relationship

Prosecutors urged U.S. District Judge Michael Nachmanoff to accelerate his decision on their request for a "filter team" of lawyers, who would be tasked with reviewing information in Comey's case.

Published: October 20, 2025 9:21pm

Federal prosecutors on Sunday indicated that they could seek the removal of former FBI Director James Comey's lead defense attorney, citing a potential conflict of interest due to a years-long friendship between the two.

Comey, who was recently indicted for allegedly lying to Congress when he denied authorizing bureau leaks to the media, is being represented by Patrick Fitzgerald. The attorney was one of Comey’s lawyers after President Donald Trump fired him in May 2017.

Prosecutors urged U.S. District Judge Michael Nachmanoff to accelerate his decision on their request for a "filter team" of lawyers, who would be tasked with reviewing information in Comey's case, according to Politico

The team would help clarify whether Fitzgerald had any role in helping to leak internal information to the press, because the team would have access to material protected under attorney-client privilege.

“Based on publicly disclosed information, the defendant used current lead defense counsel to improperly disclose classified information,” prosecutors Tyler Lemons and Gabriel Diaz alleged in the filing. “This fact raises a question of conflict and disqualification for current lead defense counsel.”

Fitzgerald and the rest of Comey's defense team opposed the filter team suggestion and the characterization of his friendship with the defendant, stating memos Comey sent to his lawyers were not classified at the time, per Fox News.  

"In short, there is no good faith basis for attributing criminal conduct to either Mr. Comey or his lead defense counsel," they wrote. "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."

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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