Comey Seeks Dismissal; DOJ Seeks Lawyer Disqualification

James Comey’s lawyers have filed multiple motions seeking dismissal of his two-count indictment, arguing the prosecution is politically motivated, vindictive, and ordered by former President Trump, and asking the judge to dismiss the case with prejudice. The defense also challenges the appointment and authority of special prosecutor Lindsey Halligan, saying career prosecutors declined to bring the case and Halligan was installed to meet a statute-of-limitations deadline. Court filings identify “Person 3” in the indictment as Columbia law professor Daniel Richman, a longtime friend and former FBI special government employee. Separately, the Justice Department has moved to disqualify Comey’s lead lawyer, Patrick Fitzgerald, alleging he acted as a conduit for Comey’s 2017 disclosures and asking Judge Michael Nachmanoff to appoint an expedited filter team to review potentially privileged communications. A 2019 DOJ Office of Inspector General report described Fitzgerald as a middleman in transmitting Comey’s memos to the media, concluded Comey shared sensitive investigative information and that some memo content was later deemed classified, but found no evidence Comey or his attorneys released classified information to the media and noted Fitzgerald cooperated in removing materials.