Federal Ruling: DOJ Fired Maurene Comey Without Cause

A federal judge in Manhattan declared on Monday that the Department of Justice acted unlawfully when it terminated Maurene Comey from her position as an assistant U.S. Attorney in July 2025. Judge Jesse Furman’s ruling rejects the department’s defense that the attorney general possesses the power to dismiss federal prosecutors without cause. The decision forces the government to repay Comey for the period between her firing and her acceptance of a new job in December 2025.

The court ordered retroactive reinstatement and back pay for 157 days. Comey served as a prosecutor in the Southern District of New York before her removal. She was assigned to high-profile cases, including the prosecutions of Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her supervisors had consistently praised her work, describing her as a brilliant lawyer and a gifted supervisor in official reviews.

Furman rejected the DOJ’s argument that then-Attorney General Pam Bondi could remove Comey at will. The judge also dismissed the claim that current Attorney General Todd Blanche could ratify the firing after becoming acting attorney general in May 2026. The ruling cites the Civil Service Reform Act, which requires federal employees to receive advance written notice, a reasonable time to respond, and a written decision with specific reasons for termination. The DOJ conceded that Comey did not receive these procedural protections.

The judge stated that the government’s interpretation of the law bordered on frivolous. Furman noted that the DOJ admitted the termination was not based on performance. The decision relies on established Supreme Court precedent, which the judge said the DOJ sought to overturn. The ruling emphasizes that executive branch employees are protected by statutory procedures that limit the power of the president and attorney general to fire staff without justification.

Comey’s attorneys said the victory belongs to all civil servants fighting for the rule of law. They quoted the court’s finding that accepting the government’s argument would unsettle the constitutional system of checks and balances. The DOJ stated it disagrees with the decision and will appeal. An appeal is expected after Furman issues a final judgment. The White House referred to a post by the DOJ’s Rapid Response account on X, which called the ruling an obstruction of the president’s constitutional authority.

The case stems from a lawsuit filed by Comey, who argued her termination violated federal law and the Constitution. Her suit claimed the firing resulted from President Donald Trump’s animus toward her father, former FBI Director James Comey. James Comey is currently under federal indictment for allegedly threatening Trump’s life via an Instagram post. His attorneys are seeking to dismiss that case. Maurene Comey’s suit asserted that the DOJ provided no legitimate explanation for her termination.

Furman reserved judgment on Comey’s claim that her firing violated her First Amendment rights. The judge gave her until November 9 to argue why that claim should not be dismissed as moot given the favorable ruling on other grounds. Comey wrote to colleagues at the U.S. Attorney's Office after her initial firing, stating that fear may seep into decisions if career prosecutors can be dismissed without reason. She urged her peers to use the moment as fuel for a fire of righteous indignation against abuses of power.