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Left: Lindsey Halligan speaks as President Donald Trump signs executive orders in the Oval Office of the White House, Friday, Jan. 31, 2025, in Washington. (AP Photo/Evan Vucci). Center: Former FBI director James Comey gestures while speaking at Harvard University”s Institute of Politics’ JFK Jr. Forum in Cambridge, Mass., Feb. 24, 2020. (AP Photo/Charles Krupa, File). Right: Patrick Fitzgerald, then U.S. Attorney for the Northern District of Illinois gestures during a news conference at the federal building in Chicago, Thursday, May 24, 2012, a day after he announced in a written statement he was resigning from the post he held for more than a decade. (AP Photo/Kiichiro Sato).
On the brink of James Comey’s anticipated legal maneuver to dismiss an interim U.S. attorney from his prosecution, Lindsey Halligan, who previously served as a defense attorney for President Donald Trump at Mar-a-Lago, seemed ready to counteract the former FBI director’s chief defense lawyer by filing a complaint regarding classified information.
In a succinct document filed on Sunday in a Virginia federal court, Halligan targeted Patrick Fitzgerald, a longtime confidant of Comey and former federal prosecutor, by referencing a 2019 report by the Department of Justice’s Office of Inspector General, specifically citing page 60.
Halligan accused Fitzgerald of complicity, alleging that Comey, through his current lead defense counsel, improperly disclosed classified information. She quoted a portion of the OIG report that criticized Comey for not fulfilling his duty to protect sensitive information.
The document implied that due to these allegations, Fitzgerald could face disqualification from representing Comey in this matter.
“This situation raises questions about potential conflicts and the need to disqualify the current lead defense counsel. Some communications within the possibly protected material coincide with the period discussed in the DOJ OIG report,” stated the filing directed to U.S. District Judge Michael Nachmanoff. “To address any issues of conflict or disqualification, the parties need access to all pertinent and non-privileged information. Swiftly reviewing and filtering the potentially protected information will enable the parties to make any necessary filings with the Court,” the filing concluded.
Fitzgerald and fellow defense counsel Jessica Carmichael previously told the judge that Comey can, in fact, be trusted with reviewing his own discovery in the false statement and obstruction case given his former status as head of the FBI.
“To assert now, that he cannot be trusted with receiving discovery in his case controverts his long career of distinguished government service at the highest levels. Moreover, no one knows the facts of this case better than Mr. Comey himself,” the filing said. “It places his defense at a severe and unnecessary disadvantage to insist that he be prohibited from possessing Protected Material to be able to review and refer to whenever necessary throughout preparation of his defense.”
Thereafter, the judge ended up siding with Comey’s lawyers by finding the government’s proposed discovery restrictions would “unnecessarily” hinder and delay his “ability to defend himself” and prepare for trial.
Comey’s team is expected to argue that Halligan was unlawfully appointed, just like acting U.S. Attorney Alina Habba in New Jersey, but all indications suggest that Halligan won’t go without a fight.