The attorneys made the argument in a court filing submitted late Friday in response to a Freedom of Information Act lawsuit filed for the Comey memos by several news organizations, including The Daily Caller News Foundation, CNN, and USA Today.
The lawsuit sought the release of all of the memos that Comey wrote following his encounters with President Trump. Comey, who was fired by Trump on May 9, has testified that he wrote the memos following in-person meetings and phone conversations with Trump.
Just after his ouster, Comey gave a memo he wrote on Feb. 14 — just after the firing of national security adviser Michael Flynn — to a friend with instructions to leak it to The New York Times. Comey says he wrote in that memo that Trump asked him to shut down an investigation into Flynn.