The attorney the evidence comes from has informed investigators that Patrick Fitzgerald is among the parties communicated with in the evidence.
That attorney is almost certainly Daniel Richman or David Kelley, and the evidence is communications acquired during DOJ-OIG investigation of Comey's Memos.
DOJ quotes from IG's report in their filing and notes that Comey used Fitzgerald to improperly disclose classified info.
Comey hired Richman and Fitzgerald as personal attorneys and gave them memos he created during the first several months of 2017. He would write them after meeting with Trump.
Comey gave copies of Memos 2, 4, 6, and 7 to Fitzgerald.
Fitzgerald forwarded them to Kelly and Richman.
Memo 2 contained 6 words that were classified CONFIDENTIAL/NOFORN which Comey did not redact.
Memo 4 and 6 were unclassified but FOUO.
Memo 7 had a portion classified as CONFIDENTIAL/NOFORN which Comey redacted before sending.
DOJ wants the material reviewed by a filter team ASAP so that they can confirm the conflict of interests and move to disqualify Fitzgerald on that basis.
Comey will likely assert privilege over the evidence.
Comey responds to the prosecution's motion to hurry a decision on the filter team.
"there is no good faith basis to claim a “conflict” between Mr. Comey and his counsel, much less a basis to move to disqualify lead defense counsel."
Defense hasn't responded to the motion for a filter team but doesn't have to until Oct 27.
They wanted to look at the underlying warrants first, and DOJ turned those over just seven days ago.
Hmm...
They filed a sealed exhibit alongside and have redacted some portions "out of an abundance of caution," because DOJ designated some of it as Protected Materials in the Protective Order.
I'm thinking it has to do with the media leak investigations.
"Mr. Comey expects to move to dismiss Count One based on a defense of literal truth."
Cruz was asking about McCabe, not Richman.
Comey plainly did not lie to Congress about his interactions with Mr. Richman.
The question from Cruz wasn't about Comey and Richman, it was about Comey and McCabe!
"No reasonable prosecutor would have brought such a deficient case; the only explanation is that the President’s handpicked interim U.S. Attorney did so to carry out the President’s wishes."
Nachmanoff also notes that DOJ has had years to address the issue it is now in a rush to resolve; the IG report as well as the Fitzgerald-Comey relationship and memo affair have been public knowledge since 2019; Fitzgerald didn't suddenly become Comey's defense counsel—he's been that since Sept 25
Interestingly, Nachmanoff lets us know some of what was under the redaction blocks in the defense's reply to the motion to expedite.
Motion to Dismiss for Vindictive and Selective Prosecution.
+
Motion to Dismiss based on Unlawful Appointment of Halligan
These were expected and may be highly consequential to the case. Could kill it.
I predicted the former would be a "hefty" filing thanks to the many words Trump, Kash, and others in the administration have repeatedly uttered against Comey in interviews, rallies, and posted on social media.
It is The filing is 51 pages plus almost 80 pages in exhibits.
Is it "more compelling than most" filings of this type? We'll have to read it to find out. x.com/realjusthuman/…
The latter filing I predicted would likely give some folks a "case of the cognitive dissonances."
That's because, on the one hand, people on the right like that such a motion worked against Special Counsel Jack Smith... but don't like that a similar effort was lodged against Alina Habba in New Jersey... and they no doubt wish for this one to fail here against Lindsey Halligan.
And you can reverse all that for people on the left.
-Michael Dreeben
Fmr Deputy Solicitor General, longtime DOJ prosecutor, and member of both the Mueller and Smith Special Counsel teams.
-Elias Kim
Litigator for Dept of Commerce and Solicitor General's Office. Experienced in appellate issues.
-Ephraim McDowell
Another alum of the Solicitor General's Office. Also worked in White House Counsel's Office.
-Rebekah Donaleski
Over a decade of experience as a prosecutor for the SDNY. Led the Public Corruption Unit there. Involved in the prosecutions of Senator Robert Menendez, Ghislaine Maxwell, and Michael Avenatti.
Kim, McDowell, and Donaleski are all from the Cooley Law Firm.
Between Sept 2019 and July 2021, Iran hacked Bolton's personal email account and accessed the classified and national defense information he had put in it.
Bolton alerted the US Gov't to the hack, but did not inform them of the classified and national defense information that was on it.
On a regular basis, Bolton sent "diary" entries via unsecured applications to two family members which described his "day-to-day activities as the National Security Advisor."
These "diary" entries contained TOP SECRET/SCI-level national defense information.
Just complete disregard for proper handling of classified information.
NEW Superseding indictment in 2016 Philippine election money laundering case adds voting machine company SMARTMATIC as a defendant.
Venezuelan co-founder and exec of Smartmatic, Roger Alejandro Pinate Martinez, was already a defendant in the case. Other execs and agents are also charged.
The charges against Smartmatic and other defendants include Conspiracy and Money Laundering
Also seeks forfeiture of property directly connected to the criminality.