Prosecutors Seek Removal of Comey's Lead Counsel in Criminal Case

Federal prosecutors in the Eastern District of Virginia filed a motion on October 19, 2025, to implement a filter team to review evidence in former FBI Director James Comey's case, citing a potential conflict with his lead attorney, Patrick Fitzgerald. The filter team would examine materials to determine if Fitzgerald was involved in Comey's 2017 disclosures of memos detailing interactions with then-President Trump, without violating attorney-client privilege. Prosecutors allege Comey used Fitzgerald to improperly disclose classified information, based on a 2019 Justice Department Inspector General report.

Comey was indicted in September 2025 on one count of making false statements and one count of obstruction of a congressional proceeding, stemming from his 2020 Senate testimony denying authorization of FBI leaks. Fitzgerald, a former U.S. Attorney, has represented Comey since his 2017 firing by President Trump. Fitzgerald denied any disclosure of classified material and accused prosecutors of defamation.

U.S. District Judge Michael Nachmanoff, appointed by President Biden, denied the prosecutors' request for an expedited ruling on October 20, 2025, ordering Comey to respond by October 27, 2025.