Prosecutors Make First Big Move In James Comey Case

Federal prosecutors have asked a federal judge in Virginia to expedite a ruling on the handling of potentially privileged materials in the criminal case against former FBI Director James B. Comey.

According to a report by Politico, the request cites possible conflicts of interest involving Comey’s lead defense attorney, Patrick Fitzgerald.

The push to expedite the ruling could determine whether Comey’s longtime friend and attorney, Fitzgerald, remains on his defense team. The request highlights concerns about attorney–client privilege, potential conflicts of interest, and the broader integrity of a prosecution that Comey’s legal team has characterized as politically motivated.

The outcome will influence not only who represents the former FBI director as he faces charges of making false statements and obstructing justice, but also how the Justice Department handles sensitive evidence and maintains public confidence in the fairness of one of the most politically charged cases in recent years.

In a motion filed October 19 in the Eastern District of Virginia, Assistant U.S. Attorneys N. Tyler Lemons and Gabriel J. Diaz asked U.S. District Judge Michael S. Nachmanoff, a Biden appointee, to expedite a ruling on the government’s proposed “filter protocol.”

The procedure would assign a separate team of attorneys to review and segregate potentially privileged communications before prosecutors gain access to the material, Newsweek reported.

Prosecutors said the evidence, obtained from a lawyer through a court-authorized warrant, may contain information that could either benefit or implicate Comey—and could determine whether his lead attorney, Patrick Fitzgerald, can continue representing him.

The government’s request follows Comey’s indictment last month on two felony charges: making false statements and obstructing justice.

The indictment, returned on September 25, 2025, represents a rare criminal prosecution of a former FBI director, but it seems on par with the Biden administration, who filed rare charges against then-former President Donald Trump.

Comey’s defense team has signaled plans to move for dismissal, arguing the case constitutes selective and vindictive prosecution.

According to the government’s motion, some of the seized communications include exchanges between Comey and multiple attorneys, including what appears to be correspondence with Fitzgerald.

The prosecution also alleged that Comey misled the Senate during testimony in September 2020, when he reaffirmed his 2017 denial of authorizing an FBI leak to the media concerning the Trump-Russia or Clinton-related investigations. Prosecutors further allege that Comey obstructed Congress by providing false statements to lawmakers.

Prosecutors referenced case law underscoring that potential attorney conflicts should be resolved before trial to prevent future disruptions to the proceedings.

“Both the Sixth Amendment and the Virginia Rules of Professional Conduct invite, indeed compel, prosecutors to alert a trial court to a defense attorney’s potential or actual conflict,” the motion stated.

Prosecutors’ concerns focus on Fitzgerald’s reported role in advising James Comey on his handling of FBI memoranda following his 2017 dismissal.

A 2019 report by the Justice Department’s Office of the Inspector General found that Comey “failed to live up to [his] responsibility” to protect sensitive government information and used the memos “to create public pressure for official action.”

Although the inspector general concluded that Comey’s actions violated internal FBI policies, the report also noted that prosecutors declined to pursue charges at the time, determining that the disclosures did not involve classified material.

Comey, who first appeared in court two weeks ago to be arraigned, has also been accused of lying to Congress during sworn testimony and obstruction of justice. Comey pleaded not guilty during his appearance.

While the arraignment drew national attention, senior Justice Department officials on Tuesday dismissed reports suggesting that law enforcement planned to arrest Comey publicly or escort him theatrically into court, saying the proceedings will follow standard protocol.

“Mr. Comey has been directed to appear, and I expect that he will,” Deputy Attorney General Todd Blanche told Fox News. “The noise from MSNBC and from retired agents or unnamed anonymous sources about perp walks is just that. It’s just noise.”