On one side is the Trump administration, and on the other there is the former head of the FBI James Comey and his attorney Patrick Fitzgerald, who is one of Chicago’s most legendary crimefighters.
Comey and his lead counsel, former Chicago federal prosecutor Fitzgerald, are on the defensive as the government is coming after both of them.
They have indicted Comey on charges he lied to Congress about allegedly leaking classified documents to the media. And now the government wants Fitzgerald off the case as Comey’s defense attorney, suggesting Fitzgerald helped dole out the classified documents for Comey.
Fitzgerald ranks among the most storied and successful federal prosecutors in modern Chicago history, taking down terrorists and top government officials including sitting Gov. Rod Blagojevich.
Now, the same Justice Department where Fitzgerald once shined is aiming to take him down a notch as he defends former FBI director Comey, a longtime associate and friend.
When the Trump Justice Department had Comey indicted a month ago on one count of obstruction a congressional investigation and one count of lying, Comey called his chum Fitzgerald in Chicago. The former prosecutor was retired, but ready for battle.
“Very high-profile lawyer. Very well-connected,” said DePaul University law professor Gregory Mark. “He and the defendant have known each other for a very long time. In high-ranking lawyer circles, Fitzgerald is very well regarded.”
Now the government wants Fitzgerald removed as Comey’s attorney, filing court papers claiming a conflict. The claim is that when Trump fired Comey in 2017, Fitzgerald allegedly helped him sneak classified material to the media.
Fitzgerald is fighting that allegation, citing a report from the Justice Department inspector general that determined there was “no evidence that Comey or his attorneys released any of the classified information contained in any of the memos to the media.’”
Former Assistant U.S. Attorney in Chicago Ron Safer says Fitzgerald did nothing to warrant removal as Comey’s legal counsel.
“There’s nothing disqualifying about that and there is nothing in the record that says that Fitzgerald disseminated anything to anybody,” Safer said. “So, he’s not involved and for the client to say here, ‘please take a look at this situation’–that’s not grounds for disqualification.”
According to former prosecutor Safer-“If it were, then every criminal defense attorney in the country would be disqualified. Is this just though normal back and forth in a high-profile case like this to be expected? There is nothing normal about this litigation. This is unprecedented, and the tactics are unprecedented.”
The game of chicken in that Virginia courtroom is also going the other way, with the prosecution on defense. Former FBI director Comey is also challenging the top government attorney on the case, claiming her appointment as U.S. Attorney was unlawful and invalid. No comment on Wednesday on any of this from Comey’s attorney, who left at the top of the U.S. Attorney’s office in Chicago back in 2012.
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