Federal prosecutors in the criminal case against James Comey have indicated they may seek to disqualify his lead attorney, Patrick Fitzgerald. This potential move stems from concerns over a conflict of interest. In a recent filing, prosecutors informed U.S. District Judge Michael Nachmanoff that Fitzgerald's involvement in providing information to the media for Comey after his dismissal by President Donald Trump in 2017 could create a conflict.

Prosecutors urged Judge Nachmanoff to quickly establish a procedure for reviewing evidence that is currently under quarantine. This evidence includes communications between Comey and several attorneys, which may involve privileged information. Fitzgerald has expressed concerns about how the government is handling this process. He has questioned why prosecutors did not address the issue of potentially privileged communications before indicting Comey on charges of making false statements to Congress in 2020.

Comey has denied the charges and pleaded not guilty earlier this month to one count of false statements and one count of obstruction of a congressional proceeding. These charges relate to his testimony before the Senate Judiciary Committee in 2020, amid allegations of a campaign of retribution against him by Trump. Vice President JD Vance has stated that such prosecutions are driven by law rather than politics.

The suggestion to disqualify Fitzgerald, who is a close friend of Comey and has a notable background as a former Justice Department official, comes as Fitzgerald plans to challenge the appointment of Lindsey Halligan, the prosecutor who brought charges against Comey. Fitzgerald is expected to file arguments asserting that Halligan was unlawfully appointed as the U.S. attorney for the Eastern District of Virginia, just days before she sought Comey's indictment, reportedly against the objections of career prosecutors.

The grand jury ultimately indicted Comey on two of the three charges proposed by Halligan, which pertain to Comey's congressional testimony regarding the FBI's Russia investigation and whether he authorized leaks of anonymous information to the media. Fitzgerald is also anticipated to argue that the prosecution is vindictive and was initiated at Trump's urging, citing Trump's history of calling for Comey's imprisonment.

Legal experts note that the bar for dismissing a prosecution based on claims of malicious intent is exceptionally high. However, Comey's case may serve as a significant test of this legal standard, particularly given Trump's removal of the senior prosecutor who opposed bringing charges and his public calls for action against Comey and other perceived political adversaries.