DOJ seeks removal of Comey's defense lawyer, citing conflict of interest

Prosecutors signaled they might seek the dismissal of James Comey's lead defense attorney — though he is just one of several big names defending the former FBI director.

Director of the FBI James Comey greets President Donald Trump during the Inaugural Law Enforcement Officers and First Responders Reception in the Blue Room of the White House in Washington on Jan. 22, 2017. (REUTERS/Joshua Roberts)

Prosecutors on Sunday urged U.S. District Judge Michael Nachmanoff to expedite their request for a so-called "filter team" of lawyers, which would be tasked with reviewing information in Comey's case, including privileged materials.

Prosecutors told the court the "filter team" could be crucial to help clarify the role Fitzgerald may have played in disseminating information Comey shared after leaving the FBI, including any materials that are protected by attorney-client privilege.

"Based on publicly disclosed information, the defendant used current lead defense counsel to improperly disclose classified information," assistant U.S. attorneys Tyler Lemons and Gabriel Diaz said in the filing, first reported by Politico.

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Lindsey Halligan, special assistant to the president, speaks with a reporter outside the White House on Aug. 20, 2025, in Washington, D.C. (Jacquelyn Martin/AP)

Still, the motion comes as prosecutors vie for some early hits in their case against Comey, which is expected to come under new scrutiny this week. 

Comey's team in recent days has challenged Trump's decisions in the case, including his appointment of former White House aide Lindsey Halligan as acting U.S. attorney for the Eastern District of Virginia. 

Halligan was installed last month to the role after interim attorney Erik Siebert resigned under pressure to indict Comey and another Trump foe, New York Attorney General Letitia James.

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Comey's lawyers previously suggested that Halligan's appointment, made three days before a grand jury handed down his indictment, could strengthen their motion to dismiss.

It also comes hours before Comey's lawyers will file a formal motion to dismiss the criminal case on grounds of "vindictive" prosecution.

Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI and other national news. She previously covered national politics at the Washington Examiner and The Washington Post, with additional bylines in Politico Magazine, the Colorado Gazette and others. You can send tips to Breanne at Breanne.Deppisch@fox.com, or follow her on X at @breanne_dep.

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