Comey’s Lawyer May Be Disqualified Over Alleged Leaks

The lawyer representing James Comey, who faces accusations of lying to Congress, might be removed from the case. This comes amid allegations that he was involved in media leaks that previously placed the former FBI director under scrutiny during the Trump administration, federal prosecutors announced on Sunday.

At 64, Comey engaged his friend, Patrick Fitzgerald—a former federal prosecutor from Chicago—to defend him in the criminal case filed last month in Virginia after President Trump called for prosecution.

In a recent filing dated October 19, prosecutors claimed that Comey supposedly used Fitzgerald to communicate with the media and leaked classified information, which has raised potential conflict of interest and disbarment concerns for Fitzgerald.

According to the prosecution, “The defendant used his current lead defense attorney to improperly disclose confidential information.”

A 2019 report by the Department of Justice Office of Inspector General revealed that Comey sent four memos to Fitzgerald shortly after his dismissal from the bureau.

These memos were sent from a personal email account and discussed private discussions with Trump between January and May of 2017. Notably, they included a claim that Trump had requested an end to the investigation into Michael Flynn.

Fitzgerald shared the memo with David Kelley and Daniel Richman, a law professor and a close friend of Comey’s, who later acknowledged before the Senate Intelligence Committee that he had permission to share information with the press as a source.

Comey stated to the inspector general that he had hired all three attorneys “immediately” following his firing on May 9, 2017.

Despite his assertions to federal watchdogs that the memo contained “nothing confidential,” the FBI commenced actions to remove it from Fitzgerald’s computer account by January 2018.

A critical Justice Department report indicated that Comey’s actions set a “dangerous” precedent by disclosing confidential FBI information.

As these allegations have surfaced, federal authorities have requested a judge’s approval for a “filter protocol” to appoint a neutral team to assess evidence in the case. This aims to gauge a lawyer’s involvement without breaching attorney-client privilege.

Prosecutors have urged U.S. Judge Michael Nachmanoff to expedite the review process.

Comey was indicted on September 25 on two counts involving false statements and obstruction of justice related to his testimony before the Senate in 2020.

He pleaded not guilty in federal court in Alexandria, Virginia, on October 8, denying making any legitimate leaks regarding investigations into Trump or former Secretary of State Hillary Clinton.

He maintains his innocence and could be facing a sentence of up to five years in prison if convicted.

Comey’s legal team has indicated plans to file motions by Monday aimed at dismissing the charges based on the purported illegal appointment of Lindsey Harrigan, the new U.S. attorney for the Eastern District of Virginia.

Harrigan, who has previously worked as Trump’s personal attorney, took over last month following the dismissal of Eric Siebert, allegedly due to conflicts with New York Attorney General Letitia James.

Additionally, Harrigan has accused James of mortgage fraud and is expected to present his defense on Friday in the Eastern District of Virginia.

No immediate comments were received from Fitzgerald when requested on Monday morning.