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

Posted on 10/21/25 at 6:51 am
Posted by cajunangelle
Member since Oct 2012
162989 posts
Posted on 10/21/25 at 6:51 am
quote:

The effort comes as Comey's lawyers plan to file a motion to dismiss his case, citing 'vindictive' prosecution

Prosecutors cited the yearslong relationship between Comey and the defense attorney overseeing his case, Patrick Fitzgerald, as a possible conflict of interest — noting in particular whether Fitzgerald might have had any role in the disclosures Comey made during Trump's first term.

"This fact raises a question of conflict and disqualification for current lead defense counsel," prosecutors said of Fitzgerald, Comey's longtime friend and former colleague. The two overlapped during their time as federal prosecutors for the Southern District of New York.

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.

LINK


Posted by cajunangelle
Member since Oct 2012
162989 posts
Posted on 10/21/25 at 6:54 am to
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
48184 posts
Posted on 10/21/25 at 7:07 am to
??? is he assumed to be part of the crime?? = and if so, can't an accused act as his own attorney?

OR is it because they cannot share some information with him as the attorney? makes no sense to me

???confused???
Posted by BigPerm30
Member since Aug 2011
31125 posts
Posted on 10/21/25 at 7:09 am to
How about they seek removal for the judge who have a huge conflict?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467637 posts
Posted on 10/21/25 at 7:15 am to
quote:

is he assumed to be part of the crime?

The crime alleged is, effectively, an allegation that Comey lied to a Senate committee, right? What part of that purportedly false statement do you think the lawyer performed?
Posted by ezride25
Constitutional Republic
Member since Nov 2008
26302 posts
Posted on 10/21/25 at 7:15 am to
We can practice lawfare. We can sabotage your presidency. We can raid your home. We can prosecute your legitimate business deals. We can impeach you because we don’t like you. We can steal an election from you. We can blame you for insurrection. We can Russia Russia Russia you. We can Russia Russia Russia your kids. We can attempt to assassinate you multiple times.

And now you expect to find justice for all of it? Well that’s just vindictive now isn’t it. Go go corrupt media parrot this talking point.
Posted by cajunangelle
Member since Oct 2012
162989 posts
Posted on 10/21/25 at 7:16 am to
I will wait until verified by a poli lawyer. But it means Comey's lawyer could be a witness in the case.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467637 posts
Posted on 10/21/25 at 7:29 am to
It doesn't seem that they're moving to disqualify him yet.

They're trying to separate out privileged evidence that they can't use and once that's sorted, they may file that motion.

The DOJ got information from an attorney (how? not stated) and that attorney told the DOJ the evidence contains legal communications between Comey and other counsel. That evidence is likely protected and can't be used by the DOJ.
Posted by antibarner
Member since Oct 2009
26161 posts
Posted on 10/21/25 at 7:39 am to
It's simple Mr Ambulance Chaser. Fitzgerald is likely going to be a witness. Because Comey used him to leak.

Bad Jim. Bad. Bad.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467637 posts
Posted on 10/21/25 at 7:41 am to
quote:

Fitzgerald is likely going to be a witness.

LIKELY? I don't know. That seems outside the scope of the indictment.

quote:

Because Comey used him to leak.

What does this have to do with the indictment, specifically?

Comey is accused of lying to the Senate about him authorizing an FBI AGENT to leak. That's the relevant factual basis.

Fitzgerald was not an FBI agent so the veracity of that "FBI leak" is wholly separate from any other leaks by Fitzgerald. Those would be different actions that would require different indictments/charges.
Posted by cajunangelle
Member since Oct 2012
162989 posts
Posted on 10/21/25 at 7:42 am to
Posted by antibarner
Member since Oct 2009
26161 posts
Posted on 10/21/25 at 7:45 am to
And yet, they're going to try and disqualify him it seems. Because of being a potential witness and that would mean for the reason I stated.

Jim was a very dirty cop.

Honestly the judge if he had a shred of dignity would step down. He has too many past associations with Comey to be considered imparital.
This post was edited on 10/21/25 at 7:47 am
Posted by cajunangelle
Member since Oct 2012
162989 posts
Posted on 10/21/25 at 7:46 am to
Then the judge. It is a mess. The fox guarding the hen house.

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Posted by antibarner
Member since Oct 2009
26161 posts
Posted on 10/21/25 at 7:48 am to
You are right over the target. This man should NOT be on the bench in this case.

Legal or not, no way this man can be impartial.
This post was edited on 10/21/25 at 7:50 am
Posted by cajunangelle
Member since Oct 2012
162989 posts
Posted on 10/21/25 at 7:48 am to
quote:

@grok

Prosecutors Move to Disqualify James Comey's Attorney Patrick Fitzgerald Over 2017 Memo Leak

Last updated
4 minutes ago

Federal prosecutors in former FBI Director James Comey's criminal case filed a motion on Monday to disqualify his lead attorney, Patrick Fitzgerald, citing a potential conflict from Comey sharing sensitive memos with him in 2017. Comey's defense countered with motions to dismiss the indictment, alleging vindictive prosecution driven by President Donald Trump's personal animosity and an invalid appointment of acting U.S. Attorney Lindsey Halligan. The case, charging Comey with false statements and obstruction related to the Russia probe, is set for pretrial hearings before Judge Liam O'Grady in the Eastern District of Virginia.
Posted by trinidadtiger
Member since Jun 2017
18896 posts
Posted on 10/21/25 at 7:53 am to
quote:

The crime alleged is, effectively, an allegation that Comey lied to a Senate committee, right? What part of that purportedly false statement do you think the lawyer performed?


Thats childish even for you.

He is charged with the fact he lied to congress...........about giving information to an individual to leak to the press.

Guess who that individual is? And yes his information would be crucial and not obtainable with lawyer/client privilege.

Posted by boosiebadazz
Member since Feb 2008
84589 posts
Posted on 10/21/25 at 8:01 am to
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Interesting footnote there about how Comey will move to dismiss count one.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
48184 posts
Posted on 10/21/25 at 8:02 am to
quote:

Comey's lawyer could be a witness in the case.

ah - yes - obvious!! my bad
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467637 posts
Posted on 10/21/25 at 8:28 am to
quote:

He is charged with the fact he lied to congress...........about giving information to an individual to leak to the press.

That's not what the charge is about. It's about

quote:

The indictment also alleges that Comey made a false statement in violation of 18 USC 1001. Comey stated that he did not authorize someone at the FBI to be an anonymous source. According to the indictment that statement was false.


The alleged lie is about Comey's authorization for someone else, not Comey himself.

quote:

Guess who that individual is?

An FBI Agent. Is Fitzgerald an FBI agent?
Posted by Decatur
Member since Mar 2007
31830 posts
Posted on 10/21/25 at 8:46 am to
quote:

Guess who that individual is?


I’m guessing it’s Daniel Richman. Hard to tell from the indictment.
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