DOJ Firing: Judge Rules Prosecutor Maurene Comey's Termination Unlawful

U.S. District Judge Jesse Furman ruled on Monday that the Department of Justice acted unlawfully when it dismissed Maurene Comey from her post as a federal prosecutor in New York. The judge ordered the department to pay Comey back wages totaling $157,000 for the period between her termination on July 16, 2025, and December 20, 2025. That final date marks the point where the court inferred she accepted other employment. The ruling also grants her retroactive reinstatement as an assistant U.S. Attorney in the Southern District of New York.

Comey previously served in several high-profile prosecutions, including cases against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her lawsuit alleged that her firing violated federal statutes and the Constitution. She argued the dismissal stemmed from President Donald Trump's long-standing conflict with her father, former FBI Director James Comey, whom Trump removed from his role in 2017. The complaint stated the DOJ provided no explanation for her termination, suggesting it was based solely on her father's identity or her perceived political beliefs.

The judge rejected the DOJ's defense that the Attorney General holds the authority to remove federal prosecutors at will without cause. Furman also dismissed the argument that then-Attorney General Pam Bondi's removal was ratified later by current Attorney General Todd Blanche. The ruling cited the Civil Service Reform Act, which requires specific procedural protections for tenured employees. The DOJ conceded that Comey did not receive the required advance written notice, a reasonable time to respond, or a written decision with specific reasons for her dismissal.

Furman noted that the department's legal stance sought to overturn nearly two centuries of Supreme Court precedent. The judge observed that the DOJ admitted Comey's termination was not based on her performance. He quoted performance reviews that described her as a brilliant lawyer and an outstanding assistant U.S. Attorney with judgment and advocacy among the finest in the country. The judge called the DOJ's secondary statutory argument bordering on frivolous.

The Department of Justice stated it disagrees with the decision and will appeal in due course. The appeal will occur after Furman issues a final judgment. The White House pointed to a post on the DOJ's X account, which claimed the ruling obstructs the president's constitutional authority to fire individuals who wield executive power.

The judge reserved judgment on Comey's First Amendment claims. He gave her until November 9 to file arguments on why that claim should not be dismissed as moot given the favorable ruling on other grounds. Comey's lawyers called the outcome a victory for civil servants and the rule of law. They noted that accepting the government's argument for unlimited executive power would unsettle the constitutional system.

James Comey is currently under federal indictment for allegedly threatening the president's life via an Instagram post. His attorneys are seeking to have that case dismissed. He had previously had another federal indictment against him dismissed by the DOJ under the current administration.