Federal Judge: DOJ Fired Maurene Comey Without Cause

A federal judge determined Monday that the Department of Justice fired Maurene Comey, a New York federal prosecutor, without legal justification. The ruling covers a 157-day period from her termination in July 2025 until December 2025.

Judge Jesse Furman of the U.S. District Court in Manhattan granted Comey retroactive reinstatement as an assistant U.S. Attorney for the Southern District of New York. The order requires the Justice Department to pay her back wages for the time she was out of her position.

The court rejected the department's claim that the attorney general holds the power to dismiss a federal prosecutor at will. Furman found that the administration failed to follow the procedural protections required by the Civil Service Reform Act.

The lawsuit alleged the firing stemmed from President Donald Trump's history with Comey's father, former FBI Director James Comey. Maurene Comey had handled high-profile cases against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs before her dismissal.

Furman noted that Comey received excellent performance reviews from supervisors and peers before her exit. The judge cited descriptions of her as a brilliant lawyer and a gifted supervisor. The department admitted the termination was not based on her performance.

The judge criticized the DOJ's legal arguments as bordering on frivolous. Furman stated that the department ignored parts of federal law that require advance written notice and a reasonable time to respond before a removal decision.

Comey's lawyers called the outcome a victory for civil servants and the rule of law. They argued that accepting unlimited executive power would unsettle the constitutional system of checks and balances.

The Department of Justice said it disagrees with the decision and intends to appeal in due course. The White House pointed to a post by the DOJ's Rapid Response account on X, which stated the ruling obstructs the president's constitutional authority.

Furman reserved judgment on Comey's First Amendment claim. She has until November 9 to file arguments on why that claim should not be dismissed as moot given the ruling on other grounds.