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.”
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.
