Federal Judge Rules Maurene Comey’s Termination by Trump Administration Unlawful
A federal judge has ordered the reinstatement and backpay of prosecutor Maurene Comey, ruling her firing by the Trump administration was unconstitutional.
POLICY WIRE — Washington, USA — A federal judge issued a ruling on Monday declaring that the Justice Department acted unlawfully when it terminated Maurene Comey, the daughter of former FBI Director James Comey, from her position as a federal prosecutor in the Southern District of New York.
In a 55-page opinion, U.S. District Judge Jesse Furman determined that the removal of Comey infringed upon both federal law and the constitutional separation of powers. The court retroactively reinstated her to her post and mandated that the Trump administration provide backpay covering the period from her July 2025 dismissal until December 20, when she transitioned to a new role.
This litigation represents one of several challenges brought by former government officials against President Trump regarding his authority to terminate employees without cause. The administration had contended that Article II of the Constitution grants the president absolute removal power, arguing that Congress lacks the authority to restrict the dismissal of federal prosecutors.
Judge Furman rejected this stance, concluding that the firing breached the 1978 Civil Service Reform Act, which provides essential protections for federal staff. He noted that the administration’s position sought to disrupt established legal precedents that permit Congress to regulate the removal of inferior officers, stating, Indeed, to accept Defendants’ argument would be to unsettle the very equilibrium established by this Nation’s constitutional system.
Comey had been a prosecutor in Manhattan since 2015, managing significant criminal cases involving high-profile individuals such as Jeffrey Epstein, Ghislaine Maxwell, Sean “Diddy” Combs, and former Democratic Sen. Robert Menendez. Following her termination, she informed colleagues that she had been summarily fired via memo by Justice Department headquarters without receiving any explanation.
In her September lawsuit, Comey alleged that her dismissal was likely motivated by the president’s animosity toward her father, who has faced two indictments during the second Trump administration. Her legal team argued that the termination, which occurred without cause, notice, or an opportunity to contest the decision, was both unconstitutional and unlawful.
Although the Justice Department attempted to have the case dismissed by arguing that Comey should have appealed through the Merit Systems Protection Board, Judge Furman denied the motion. He determined that because the firing was predicated on Article II arguments rather than civil service statutes, the federal court maintained proper jurisdiction.
Court records indicate that the Justice Department acknowledged Comey’s performance reviews were rated as “outstanding” between 2019 and 2024. Despite this, the government maintained that the firing was executed under the legal authority of then-Attorney General Pam Bondi.
Reporting by Policy-Wire (PW)
