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Justice Department May Try to Disqualify Comey’s Attorney, New Filing States

  • On Sunday, federal prosecutors filed a motion seeking to disqualify Patrick Fitzgerald, lead defense attorney for James Comey, before his trial starts Jan. 5, 2026, at the U.S. District Court in Alexandria, Virginia.
  • Prosecutors contend Fitzgerald aided 2017 disclosures shortly after President Donald Trump fired James Comey, citing the 2019 DOJ Office of Inspector General report that found Fitzgerald acted as a middleman.
  • Prosecutors asked U.S. District Judge Michael Nachmanoff to approve a 'filter team' and requested an expedited filter protocol to review evidence about Fitzgerald's alleged leak involvement.
  • Removing Patrick Fitzgerald could reshape James Comey's defense, as prosecutors say expedited review of protected material is needed for timely U.S. District Court filings.
  • Comey's indictment traces to his 2020 Senate Judiciary Committee remarks and a Sept. 2025 grand jury indictment on two counts, following Michael Horowitz's report that found policy violations but no prosecution.
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