"Before they had given Comey a shred of discovery, they sent him a draft filter protocol on October 10. Then on October 13 - still before they had handed over discovery, which appears to have revealed they got no new warrant to access this old material - the loaner AUSAs asked Judge Nachmanoff to approve a filter protocol that would give the government the first chance to make privilege determinations."
"Abiding by local rules, Comey didn't respond right away, leading prosecutors ( on October 20) to ask the judge to hasten his consideration of the matter, even while accusing Patrick Fitzgerald of being part of a "leak" behind sharing unclassified information under Dan Richman's name. Which is one of the things Comey patiently explained that same day: the loaner AUSAs were defaming Fitzgerald."
Investigators obtained Comey's attorney-client information, possibly on September 25, the day Halligan obtained the indictment. Before producing any discovery, the prosecutors sent a draft filter protocol on October 10 and on October 13 asked Judge Nachmanoff to approve a protocol granting the government first opportunity to determine privilege. Comey delayed response following local rules; prosecutors pressed the judge to expedite and accused Patrick Fitzgerald of involvement in an alleged leak. Comey denied defamation and highlighted that prosecutors relied on 2020 warrants rather than a new warrant to access older material. Nachmanoff referred the matter to Magistrate Judge Fitzpatrick, who set a hearing, effectively delaying immediate resolution.
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