Prosecutors Seek Fast-Track Decision on Privileged Materials in James Comey Case

Federal prosecutors are moving quickly in the high-profile criminal case against former FBI Director James Comey, asking a federal judge in Virginia to expedite a decision regarding the handling of potentially privileged communications. The request, filed October 19, could significantly affect the makeup of Comey’s legal team and the direction of the case itself.

At the center of the issue is Comey’s longtime friend and current lead defense attorney, Patrick Fitzgerald. Prosecutors say Fitzgerald’s past involvement with Comey may pose a conflict of interest, particularly because some of the evidence obtained through a court-authorized warrant includes communications between the two.

In their motion, Assistant U.S. Attorneys N. Tyler Lemons and Gabriel J. Diaz urged U.S. District Judge Michael S. Nachmanoff to approve a proposed “filter team” protocol. The protocol would involve a separate group of government attorneys — not involved in the prosecution — reviewing the potentially sensitive material to determine what can legally be turned over to the main prosecutorial team.

The motion, first reported by Politico, underscores mounting concerns over the preservation of attorney–client privilege, the ethical representation of a defendant, and the fair handling of classified or sensitive materials. Prosecutors argue that these questions need to be resolved before trial begins to prevent possible disruptions later in the proceedings.

The material in question was seized from a lawyer’s possession and includes exchanges that could either support or damage Comey’s defense, according to prosecutors. They stress that resolving Fitzgerald’s potential conflict is critical to ensuring that the case proceeds fairly.

Comey was indicted on September 25, 2025, on two felony charges: making false statements to Congress and obstruction of justice. This marks a rare prosecution of a former FBI director and has already drawn national attention due to the politically charged nature of the case.

The charges stem largely from Comey’s 2020 testimony before the Senate, during which he reaffirmed a previous denial of authorizing leaks related to FBI investigations into Russian election interference and Hillary Clinton’s emails. Prosecutors now allege that this testimony was false and intended to mislead lawmakers, constituting obstruction of a congressional investigation.

Comey’s legal team has called the prosecution politically motivated, describing it as both selective and retaliatory. They have indicated plans to seek dismissal of the charges, arguing that the case lacks merit and is an abuse of prosecutorial discretion.

In their recent filing, prosecutors cited legal precedent affirming the duty of the government to raise possible conflicts of interest when an attorney’s ability to represent a client could be compromised. “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 states.

At issue is Fitzgerald’s prior role in advising Comey about how to handle personal memos he wrote after meetings with President Donald Trump, particularly after Comey was dismissed from his post in 2017. A 2019 report by the Justice Department’s Office of the Inspector General found that Comey violated FBI policies by leaking the contents of the memos to the media — not through classified disclosures, but by improperly sharing government documents for personal reasons.

Although the Justice Department declined to bring charges at that time, citing the lack of classified information involved, the report’s findings are now resurfacing as part of the broader case against Comey.

The Justice Department has emphasized that, despite the political attention surrounding the case, proceedings will follow standard legal protocols. Deputy Attorney General Todd Blanche pushed back on media speculation about a potential public arrest of Comey, saying, “Mr. Comey has been directed to appear, and I expect that he will. The noise from MSNBC and from retired agents or unnamed anonymous sources about perp walks is just that — noise.”

Comey pleaded not guilty during his initial court appearance earlier this month. Whether Fitzgerald can continue to lead his defense will now depend on the judge’s ruling on the filter protocol and the question of attorney conflict.

The outcome of this legal battle could influence how the Justice Department manages privileged communications in politically sensitive prosecutions and may have broader implications for the perceived independence of federal law enforcement.

As the case moves forward, all eyes remain on Judge Nachmanoff’s decision — a ruling that could reshape both the defense’s strategy and the future of one of the most politically fraught legal proceedings in recent memory.