Judge Rules Justice Department Unlawfully Fired Prosecutor Maurene Comey

A federal judge ruled Monday that the Justice Department acted unlawfully last year when it fired Maurene Comey, a federal prosecutor in New York and the daughter of former FBI Director James Comey. The case was heard in U.S. District Court in Manhattan.

Judge Jesse Furman ordered retroactive reinstatement and back pay for Comey in her role as an assistant U.S. Attorney in the Southern District of New York. The pay covers the period from her July 16, 2025, termination through Dec. 20, 2025, the date on which the judge inferred she accepted another job.

Before she was dismissed, Comey worked on several high-profile prosecutions, including those of Jeffrey Epstein, his accomplice Ghislaine Maxwell and Sean "Diddy" Combs. Her lawsuit argued that the firing broke federal law and the Constitution, and that it grew out of President Donald Trump's longstanding hostility toward her father, whom Trump fired as FBI director in 2017.

Furman noted the claim but decided the case on other grounds. He rejected the department's position that then-Attorney General Pam Bondi could remove a federal prosecutor at will and without cause, and that current Attorney General Todd Blanche could ratify the firing after the fact, as he did in May while serving as acting attorney general. The judge also dismissed an argument that the firing implied a determination that she was removed for cause under the Civil Service Reform Act. He said that argument "borders on frivolous."

The judge pointed out that Comey was dismissed despite excellent performance reviews. Her supervisors and peers described her as a "brilliant lawyer and a gifted supervisor" and "an outstanding AUSA in every respect." The Justice Department admitted that the termination was not for cause and was not based on her performance. It also conceded that she was not given the advance written notice, chance to respond, representation or written decision the law requires.

Furman further observed that the department's argument based on Article II of the Constitution effectively sought "to overturn nearly two centuries of Supreme Court precedent." He wrote that the court is bound to follow that precedent until the Supreme Court says otherwise.

Comey's lawyers welcomed the decision. "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, adding that the ruling reaffirms that "the President is not above the law."

The Justice Department said it disagrees with the ruling and "will appeal in due course," which would come after Furman issues a final judgment. The department said the decision obstructs the president's constitutional authority to fire people who wield executive power on his behalf. The White House referred questions to that statement.

The judge held off on Comey's claim that the firing violated her First Amendment rights. He gave her until Nov. 9 to explain why that claim should not be dismissed as moot in light of the ruling in her favor.

James Comey currently faces a federal indictment accusing him of threatening Trump's life through an Instagram post showing seashells that formed "86 47." He denies wrongdoing, and his attorneys are seeking to have the case thrown out. An earlier indictment against him was dismissed.