Virginia Prosecutors Demand Fast Filter Ruling Over Comey’s Defense Counsel’s Alleged Conflict
Federal prosecutors in the Eastern District of Virginia have filed an urgent motion requesting an expedited ruling on a proposal to implement a “filter protocol” for reviewing evidence in the criminal case against former FBI Director James B. Comey, Jr.
The government argues that a swift decision is necessary to prevent delays and address a potential conflict of interest involving Comey’s lead defense attorney, Patrick Fitzgerald.
The motion, filed on October 19, 2025, in the U.S. District Court, highlights that the evidence in question—which was obtained from an attorney—includes communications between Comey and several lawyers, with the current lead defense counsel, Fitzgerald, reportedly a party to some of them.
The Indictment and Quarantined Evidence
Comey was indicted on September 25, 2025, on charges of making a false statement and obstruction of justice.
The evidence now subject to review is currently in the government’s custody and has been quarantined because it may contain material protected by attorney-client privilege. The government states that it is not yet aware of the contents of the material, but notes that defense counsel, being a party to some of the communications, “necessarily has awareness.”
Conflict of Interest Concerns
The central argument for expediting the ruling is the need to swiftly resolve a possible conflict that could lead to the disqualification of Fitzgerald.
The motion cites a 2019 Department of Justice Office of the Inspector General (DOJ OIG) report on Comey’s conduct, which examined his disclosure of sensitive investigative information and handling of memoranda. Prosecutors assert that based on publicly disclosed information, Comey used his current lead defense counsel to “improperly disclose classified information.”
“Some of the communications in the potentially protected material are from the same time as the focus of the DOJ OIG report,” the motion states. The government argues that the filter protocol—which would allow for the review, segregation, and disclosure of non-privileged evidence—must be implemented quickly to ensure all parties have access to relevant information before litigating any issue of conflict or disqualification.
Call for Prompt Judicial Action
Prosecutors emphasized the court’s prior emphasis on maintaining trial milestones. “Delay in the implementation of a filter protocol risks later surprise and interruption to the current scheduling order,” the filing concludes.
The proposed filter protocol is designed to allow for the prompt review and identification of potentially privileged information, which the government says could contain both exculpatory or inculpatory evidence. The government is seeking the court’s order to implement this protocol immediately so that the issue of defense counsel’s potential conflict can be addressed promptly and the case can proceed without unnecessary interruptions.
The motion was submitted by Assistant U.S. Attorneys N. Tyler Lemons and Gabriel J. Diaz. The court has not yet ruled on the request for an expedited decision.
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