A federal judge in New York ruled on Monday that the Justice Department unlawfully fired Maurene Comey, a former federal prosecutor who is the daughter of ex-FBI Director James Comey.
U.S. District Judge Jesse Furman, a nominee of former President Barack Obama, wrote that the department "invented a new and expansive theory of executive power" when it dismissed her. He found that the firing violated her constitutional right to due process. "To accept Defendants' argument would be to unsettle the very equilibrium established by this Nation's constitutional system," the judge wrote.
Maurene Comey spent around a decade as a federal prosecutor in Manhattan. Her work included high-profile cases against defendants such as Sean "Diddy" Combs, Jeffrey Epstein and Ghislaine Maxwell. The Justice Department under President Trump fired her in July 2025, even though she had consistently received accolades from the department for her work.
She responded by suing the Justice Department and others, arguing that the dismissal was both unlawful and unconstitutional. Her lawsuit contended that she was fired because her father is the former FBI director and a prominent critic of Trump.
The Justice Department has indicted James Comey twice. The first case was dismissed. The second prosecution, which remains pending, accuses him of threatening the president in a photo of seashells posted on social media.
Under the ruling, Maurene Comey is to receive back pay dating to her firing last year. She may also return as a prosecutor to the Southern District of New York if she chooses.
Her lawyers welcomed the decision. They said it reaffirms that the president must comply with the law as part of the Constitution's checks and balances. "This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law," they said in a statement.
The Justice Department said it disagreed with the decision and would appeal in due course.
The order is not final. Furman has not yet ruled on Comey's First Amendment argument that she was fired for politically protected speech, and he plans to hear further briefings on that claim.
The opinion adds to concerns about politically motivated dismissals at the Justice Department. Several federal prosecutors and former FBI agents have sued the department under the Trump administration over their firings, alleging they were removed for political reasons tied to their work.
