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Federal Court: Justice Department Fired Maurene Comey Illegally

A New York judge ordered the DOJ to pay back wages and allow the former Manhattan prosecutor to return to her post.

By Elizabeth Morales ·

Illustration for: Federal Court: Justice Department Fired Maurene Comey Illegally
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U.S. District Judge Jesse Furman ruled on Monday that the Department of Justice violated the law when it dismissed Maurene Comey, the daughter of former FBI Director James Comey. The court ordered the agency to pay her back wages from the date of her termination in July 2025. If she chooses to return, the ruling requires the department to restore her position as a federal prosecutor in the Southern District of New York.

Maurene Comey served in Manhattan for approximately ten years before her departure. During that time, she handled high-profile prosecutions against Sean "Diddy" Combs, Jeffrey Epstein, and Ghislaine Maxwell. The Trump administration fired her in July 2025, a move she contested in a lawsuit arguing the dismissal was both unlawful and unconstitutional.

Her legal team claimed the firing stemmed from her father’s status as a prominent critic of President Trump. The Justice Department has indicted James Comey twice during this administration. The first case was dismissed, while the second remains pending. That ongoing prosecution accuses him of threatening the president through a social media post featuring seashells.

In the written opinion, Judge Furman, a nominee of former President Barack Obama, stated that the department created a new and expansive theory of executive power. He found that the agency violated Comey’s constitutional right to due process. "To accept Defendants' argument would be to unsettle the very equilibrium established by this Nation's constitutional system," the judge wrote.

The decision follows a wave of similar lawsuits from federal prosecutors and former FBI agents who claim political motivations drove their firings under the current administration. Comey’s attorneys issued a statement praising the ruling. "This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law," they said.

The Justice Department announced it disagrees with the decision and intends to appeal. The court order is not yet final. Judge Furman has not ruled on Comey’s First Amendment claim that she was fired for politically protected speech. The court plans to hear further briefings on that specific argument.

The ruling provides immediate financial relief and a path back to the bench for Comey, subject to her choice. The agency must begin calculating back pay based on the July 2025 termination date. The appeal process will determine if the higher courts uphold the district court’s interpretation of executive power.

Source: NPR

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