Federal prosecutors appear to be preparing to seek the removal of the lead defense attorney in James Comey's criminal case over allegations of a conflict of interest.

On Sunday, federal prosecutors noted that Comey's attorney, Patrick Fitzgerald, has had a years long relationship with Comey stretching back to his time as FBI director in 2017. 

Prosecutors stated, "This fact raises a question of conflict and disqualification for current lead defense counsel." This is bad news for Comey, who's already facing some serious legal consequences.

Both Comey and Fitzgerald also had overlapping time as federal prosecutors for the Southern District of New York.

Deconstructing Comey's defense

It'll be a knock-down, drag-out fight, but federal prosecutors have a great case against Fitzgerald. All of this is good news for President Trump, who is eager to see Comey held accountable for lying to Congress.

Federal prosecutors have already filed a motion urging U.S. District Judge Michael Nachmanoff to create a filter team" of lawyers, which would review information in Comey's case, including privileged materials.

It's paramount that the role Fitzgerald may have played in disseminating information Comey shared after leaving the FBI, including any materials that are protected by attorney-client privilege, be clearly outlined before the trial proceeds.

Assistant U.S. attorneys Tyler Lemons and Gabriel Diaz stated, "Based on publicly disclosed information, the defendant used current lead defense counsel to improperly disclose classified information."

"No good faith basis"

Comey's defense team has already hit back at the motion, claiming, "There is no good faith basis for attributing criminal conduct to either Mr. Comey or his lead defense counsel."

The team continued by arguing, "Similarly, 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."

This could be a months-long legal battle over Fitzgerald's position in Comey's defense and that's before there is any discussion about the charges against Comey.

The case against Comey

Comey has been charged with one felony count of making a false statement and another felony count of obstruction in connection to Congressional testimony on his investigation into the 2016 Russian collusion hoax.

During the 2016 presidential election, Democrats claimed that President Trump's campaign colluded with Russia in order to gain an advantage on Democrat Hillary Clinton.

There was no evidence for these claims that were based on biased research paid for by the Clinton campaign. But Comey's FBI investigated anyway and it nearly cost Trump the election.

Comey would go on to lie to Congress following the election and it's long past time that he face prosecution for those lies. But it remains to be seen if he will actually be convicted and face any prison time nearly a decade after the Russian collusion hoax.