That is for Comey to decide.
No, James Comey's opinion does not override the prosecution's motion to disqualify one of his attorneys (specifically, lead counsel Patrick Fitzgerald) for an alleged conflict of interest.
Under U.S. federal law and ethical rules (governed by the ABA Model Rules of Professional Conduct and adopted in federal courts via local rules), the determination of whether an attorney has a disqualifying conflict—such as Fitzgerald's purported involvement in Comey's 2017 memo disclosures to the media—is a judicial decision made by the presiding judge to ensure the integrity of the proceedings and protect the defendant's rights.
The client's waiver or opinion (here, Comey's apparent support for retaining Fitzgerald, as evidenced by the defense team's filings) is a relevant factor but not dispositive; courts may reject it if the conflict is deemed actual (rather than potential) and non-waivable, particularly in cases involving potential breaches of confidentiality or loyalty that could undermine the defense or implicate third parties.
In this case, U.S. District Judge Michael Nachmanoff is handling the matter in the Eastern District of Virginia. Prosecutors filed a notice on October 19, 2025, signaling intent to move for disqualification based on seized materials suggesting Fitzgerald's role in the disclosures, which they argue creates an "insurmountable conflict."
The defense responded on October 20, 2025, denying any wrongdoing by Fitzgerald and accusing the government of defamation, but the ultimate ruling rests with the judge, who has already expressed skepticism about the prosecution's delay in raising the issue. No decision has been issued as of October 25, 2025, but precedents like
Wheat v. United States (1988) affirm that trial courts have broad discretion to disqualify counsel over a client's objection when necessary to avoid serious risks to a fair trial.