Judge Rules Trump DOJ Unlawfully Fired Maurene Comey, Rejecting Argument as Wholly 'Without Merit'

A federal judge in New York ruled on Monday, 26 October, that the Trump administration unlawfully fired Maurene Comey, a career prosecutor and daughter of former FBI Director James Comey.

The ruling granted her retroactive reinstatement and back pay following her dismissal in July 2025. The decision followed Comey's lawsuit challenging her removal from the US Attorney's Office for the Southern District of New York.

She had worked there for nearly a decade, handling major criminal prosecutions before receiving an unexpected termination notice.

US District Judge Jesse M. Furman rejected the administration's claim that presidential authority allowed it to bypass civil service protections. He found that its reliance on recent Supreme Court decisions did not justify disregarding established legal restrictions.

Maurene Comey Firing Violated Federal Employment Protections

Comey was dismissed on 16 July 2025, with the Justice Department citing Article II of the US Constitution as its authority. The provision establishes presidential executive power, but Furman found that it did not override federal employment protections.

Under federal law, the attorney general has authority to remove assistant US attorneys. However, the Civil Service Reform Act imposes restrictions on how that power can be exercised.

The administration argued that federal prosecutors exercise executive powers belonging to the president and could therefore be dismissed without those statutory restrictions.

Furman rejected that interpretation, citing longstanding Supreme Court precedent recognising Congress's authority to regulate the removal of certain federal officials.

He described the government's attempt to undermine that precedent as 'without merit'.

Furman also warned that accepting the administration's interpretation would 'unsettle the very equilibrium established by this Nation's constitutional system'.

The judge ruled that Comey's dismissal violated the constitutional separation of powers, the Administrative Procedure Act, and her Fifth Amendment due process and statutory rights. He found that the removal also breached protections under the Civil Service Reform Act.

The ruling does not prevent the Justice Department from dismissing federal prosecutors. Instead, it establishes that the department must comply with the legal restrictions and procedures applicable to their employment.

Maurene Comey's Lawsuit Raised Allegations of Political Retaliation

Comey alleged in her lawsuit that she was targeted because of her father's adversarial relationship with President Donald Trump or because of political beliefs attributed to her.

James Comey, who previously led the FBI, has been a frequent target of Trump's criticism. Their longstanding dispute became part of the background to Maurene Comey's allegations, although it did not establish the reason for her dismissal.

During her prosecutorial career, Maurene Comey worked on high-profile cases involving Jeffrey Epstein, Ghislaine Maxwell and Sean 'Diddy' Combs.

Court records described consistently strong assessments of her work. The Justice Department acknowledged that her dismissal was not based on her performance, despite her record of favourable evaluations.

Her termination notice cited constitutional executive authority rather than a performance-related or disciplinary reason. According to the ruling, she received no advance notice of the decision and no opportunity to respond.

However, Furman did not determine that Trump personally ordered the firing or establish that political retaliation motivated the decision. His findings concerned the government's legal authority and its failure to observe federal employment protections.

The judge also reserved judgment on Comey's First Amendment claim, which raised questions about freedom of speech and association.

He indicated that the relief already granted might make further consideration of that claim unnecessary. Comey was ordered to submit arguments by 9 November 2026 explaining why it should not be dismissed.

Back Pay Ordered as Justice Department Plans Appeal

Furman granted Comey retroactive reinstatement and back pay covering the period from 16 July through 20 December 2025.

The order also provides relief concerning pension rights, retirement contributions and corrections to her federal employment records. Comey has since moved into private legal practice and is not seeking to return to her former position.

The judge has not determined the precise amount of back pay owed or whether Comey should receive legal costs and attorneys' fees.

Her lawyers welcomed the decision, describing it as a 'hard-earned victory' for civil servants and those defending the rule of law.

The Justice Department, however, rejected the ruling. A spokesperson told CBS News that the department disagreed with the decision and intended to appeal.

The case therefore remains subject to further legal proceedings, despite Furman's findings that the dismissal was unlawful.

The next scheduled step concerns Comey's unresolved First Amendment claim. Further submissions will determine whether that issue requires a separate ruling, while the financial relief and the Justice Department's planned appeal remain outstanding.