Ex-FBI Director James Comey’s defense lawyer is a longtime ally and former prosecutor known for taking down prominent political players.
Patrick Fitzgerald is advising Comey, who was indicted Thursday on charges related to obstruction of justice. Their ties reach back decades to when both lawyers worked as federal prosecutors in Manhattan.
“He’s gone to one of the best lawyers in the country, who is also his friend, to guide him in this situation,” said Joshua Naftalis, a former Manhattan federal prosecutor. Naftalis, who did not work Comey or Fitzpatrick, is now a partner at litigation boutique at Pallas Partners.
Fitzgerald led prosecutions against Illinois governors Rod Blagojevich and George Ryan. He also steered an investigation that resulted in criminal charges against Scooter Libby, chief of staff to ex-Vice President.
Comey is among several prominent lawyers who President Donald Trump has attacked since returning to the White House in January. The Justice Department ramped up the effort to indict him after Trump ousted a prosecutor who declined to prosecute Comey.
“No one is above the law. Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people,” Attorney General Pam Bondi said in an X post. “We will follow the facts in this case.”
The case against Comey stems from statements he made to Congress about the leaking of investigations into Trump.
The former FBI chief, who was appointed by President Barack Obama, was fired by Trump in 2017. He later said the president instructed him to lie to investigators looking into possible Russian interference in the 2016 White House race.
DOJ Veterans
Fitzgerald has been representing Comey since around the time he was fired by Trump.
Comey as deputy attorney general in 2003 appointed Fitzgerald to serve as special counsel in an investigation into the public outing of CIA officer Valerie Plame. He later secured a conviction against Libby on obstruction of justice and related charges.
Fitzgerald is “the kind of trial lawyer, on whichever side he may be on, who misses nothing, is prepared for everything, doesn’t get flustered,” said Stephen Gillers, a New York University law professor.
Fitzgerald was the longest serving US Attorney in Chicago, holding the post for more than a decade after being tapped for the role by President George W. Bush. He joined Skadden as a partner after leaving the US attorney’s office in 2012.
“There are few people who have as much credibility with the federal government as Pat Fitzgerald,” Naftalis said. “If things break the wrong way, he’s someone you’d want on your side in the courtroom.”
Fitzgerald helmed the case against Blagojevich, a Democrat who was convicted on charges related to trying to sell the US Senate seat after vacated by Barack Obama. Fitzgerald also secured a conviction against Ryan, the former governor who was sent to prison over a bribery scheme during his tenure as secretary of state.
Trump in a weekend Truth Social post pressured Bondi to bring charges against Comey and other perceived enemies, New York Attorney General Letitia James and California Democrat Sen. Adam Schiff. He said Thursday that Bondi and her deputy, Todd Blanche, will determine whether an indictment would be brought against Comey.
“One of the worst human beings this Country has ever been exposed to is James Comey, the former Corrupt Head of the FBI,” Trump said in a Truth Social post after the indictment. “Today he was indicted by a Grand Jury on two felony counts for various illegal and unlawful acts.”
Trump repeatedly has called for Comey’s prosecution, alleging he was part of a “deep state” conspiracy to derail his presidency. The Secret Service launched an investigation that sought to determine whether Comey posed a threat to Trump earlier this year, following an Instagram post by Comey that said “86 47.”
Skadden Alum
Fitzgerald retired from Skadden in 2023. The firm is one of nine that struck deals with Trump earlier this year, collectively pledging nearly $1 billion in free legal services on “ensuring fairness” in the justice system and other causes.
The firms made the agreements to evade executive orders like those Trump aimed at their rivals over ties to lawyers who investigated the president or went against him in court. The orders, which have been struck down by four federal judges, blocked the firms’ access to federal buildings and threatened their clients government contracts.
The president has also gone after law firms and lawyers with ties to Robert Mueller, who was special counsel for the probe of Russian election interference.
Current and former government officials targeted by Trump are increasingly turning to prominent litigators outside of Big Law to fight back. Abbe Lowell, a veteran defense lawyer who recently left Winston & Strawn, counts James and Federal Reserve Governor Lisa Cook as his clients.
Comey’s daughter, Maurene Comey, is suing the White House and the Justice Department over her abrupt firing in July from her longtime post as a Manhattan federal prosecutor. She is represented by veteran litigator Nicole Gueron.
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