Federal Judge Ruling Forces Justice Department to Restore Fired Prosecutor Maurene Comey

U.S. District Judge Jesse Furman ruled on Monday that the Justice Department fired former Assistant U.S. Attorney Maurene Comey without legal justification. The court ordered that Comey, the daughter of former FBI Director James Comey, be reinstated to her position. The judge also awarded back pay covering the period from her termination in July 2025 through December 20, 2025, when she started a new job.

The dispute began when Comey was dismissed after nearly a decade of service in the Southern District of New York. She had worked on high-profile cases involving Sean "Diddy" Combs, former Senator Bob Menendez, and Jeffrey Epstein. Comey filed a lawsuit in September 2025, arguing the administration provided no legitimate reason for her firing. She claimed the decision stemmed from President Donald Trump’s personal history with her father, whom he removed as FBI Director in 2017.

Comey stated that her supervisor told her the decision "came from Washington." The Justice Department later confirmed in court filings that then-Attorney General Pam Bondi directed the removal. The administration argued in its defense that the Attorney General holds the power to fire career prosecutors at will and for no specific reason. The department maintained that Congress lacks the authority to limit that executive power.

Judge Furman rejected that theory, finding that the firing violated the Constitution’s separation of powers and the Fifth Amendment’s due process clause. He wrote that the administration’s approach "unsettle[d] the very equilibrium established by this Nation’s constitutional system." The judge noted that while Congress granted the Attorney General removal power, it also imposed specific limits on that authority. Furman stated that the government conceded these limits were violated in Comey’s case.

In a joint statement, Comey’s attorneys Ellen Blain, Nicole Gueron, Deepa Vanamali, and Margaret Donovan said the decision "reaffirms our bedrock system of checks and balances: the President is not above the law." They added that the "hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law."

A Justice Department spokesperson said the agency "disagrees with this decision and will appeal in due course." The ruling arrives as the administration continues a federal criminal case against James Comey regarding a photo of seashells. That case has been delayed until at least early 2027 while a judge weighs whether to dismiss it.

Furman noted that the government’s new theory of executive power has been used to remove other Executive Branch employees who previously held removal protections. He wrote that the decision should "serve a useful purpose in clarifying or settling the legal issues involved." The next step is the government's appeal, which is expected to be filed soon.