Hold onto your hats, folks—federal prosecutors are gunning for a shake-up in the legal team defending former FBI Director James Comey, alleging a conflict of interest that could upend his upcoming criminal trial.
In a nutshell, prosecutors are pushing to potentially disqualify Comey’s lead attorney, Patrick Fitzgerald, over claims of his involvement in leaking classified memos back in 2017, while Comey faces serious charges tied to his past testimony on the FBI’s Trump-Russia probe, the Washington Examiner reported.
This saga kicked off years ago when Comey’s handling of sensitive memos raised eyebrows, eventually leading to a scathing report from the Department of Justice inspector general.
Fast forward to September 2025, when a grand jury indicted Comey on two counts—making false statements and obstruction of justice—stemming from his 2020 remarks to the Senate Judiciary Committee about the FBI’s investigation into President Donald Trump and Russian collusion allegations.
The plot thickened on Sunday night as prosecutors filed a motion flagging Fitzgerald’s alleged role in leaking those memos to the press in 2017, suggesting it could taint his ability to defend Comey without bias.
They’re not pulling punches, arguing that this connection might be grounds for disqualification, a move that could throw a wrench into Comey’s defense strategy just months before trial.
Led by U.S. Attorney Lindsey Halligan, alongside assistants N. Tyler Lemons and Gabriel Diaz, the prosecution has asked U.S. District Judge Michael Nachmanoff for a speedy ruling on a filter protocol to sift through evidence.
This protocol aims to quickly separate protected material, ensuring both sides get access to relevant information—whether it helps or hurts Comey’s case—without delay.
Prosecutors stressed, “The sooner that the potentially protected information is reviewed and filtered, the sooner the parties can make any appropriate filings with the Court,” hinting at the urgency to resolve any conflict before the legal battle heats up (court documents).
Adding fuel to the fire, the Justice Department’s inspector general report from years back didn’t mince words about Comey’s actions, finding that his handling of certain memos broke both DOJ and FBI rules, as well as his own employment terms.
As Michael Horowitz, the inspector general at the time, put it: “Comey’s retention, handling, and dissemination of certain Memos violated Department and FBI policies, and his FBI Employment Agreement” (DOJ OIG report). Well, that’s a bureaucratic slap if there ever was one, and now it’s haunting Comey’s choice of counsel.
Prosecutors also pointed out that some communications under review date back to the same period covered in that damning report, raising further questions about Fitzgerald’s suitability to lead the defense.
Meanwhile, Comey’s legal team isn’t sitting idly by—they’re set to file their initial motions on Monday, reportedly aiming to dismiss the charges altogether before the trial even starts.
With the trial slated for January 5, 2026, at the U.S. District Court in Alexandria, Virginia, this clash over counsel could be just the opening skirmish in a broader war over accountability, transparency, and the messy intersection of politics and justice.
