Judge rules Maurene Comey's firing was unlawful, orders reinstatement with back pay

Federal prosecutor fired in July 2025 wins challenge to DOJ's removal powers

By LineZotpaper AI staff

Published26 October 2026

Updated26 October 2026

Read Time2 min

Sources4 outlets

A federal judge ruled Monday that the Trump administration's firing of Maurene Comey, a former assistant US attorney in Manhattan, was unlawful, ordering her retroactive reinstatement and back pay. The decision rejects the Justice Department's argument that the attorney general may remove federal prosecutors at will under Article II of the Constitution.

Judge Jesse Furman of the US District Court in Manhattan found that Comey, the daughter of former FBI director James Comey, was illegally terminated in July 2025 despite a decade of service on high-profile cases including the prosecutions of Jeffrey Epstein, Ghislaine Maxwell and Sean 'Diddy' Combs.

Furman rejected the Department of Justice's contention that then-Attorney General Pam Bondi could remove Comey without cause, and that current Attorney General Todd Blanche could ratify the act after the fact. The judge also dismissed the argument that the Civil Service Reform Act's requirement of cause was satisfied simply by Bondi's decision to fire her.

'To accept Defendants' argument would be to unsettle the very equilibrium established by this Nation's constitutional system,' Furman wrote, adding that the DOJ's position sought 'to overturn nearly two centuries of Supreme Court precedent.'

Comey's lawyers said in a statement: 'This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law.' They noted the court correctly held that the government's theory of unlimited executive power would undermine the system of checks and balances.

The Department of Justice said it disagrees with the decision and will appeal after final judgment, which has not yet been entered. The judge left open Comey's First Amendment claim, giving her until Nov. 9 to file arguments on why it should not be dismissed.

In a farewell note to colleagues after her firing, Comey wrote: 'If a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain.' She called fear 'the tool of a tyrant' and urged her former colleagues to maintain their commitment to justice.

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Analysis

Why This Matters

The ruling reaffirms that federal prosecutors are protected civil servants who cannot be removed at the president's discretion, reinforcing the separation of powers.
It establishes a legal barrier against politically motivated firings of career attorneys, with potential implications for future administrations.
The case continues a legal fight over the scope of executive removal authority, now headed for appeal.

Background

Maurene Comey spent a decade as an assistant US attorney in the Southern District of New York, working on high-profile cases including the Epstein-Maxwell prosecution and the case against Sean Combs. Her father, James Comey, was fired as FBI director by President Donald Trump in 2017 and is currently facing prosecution on charges related to a social-media post. Maurene Comey was dismissed in July 2025 without notice or explanation, leading her to sue the DOJ in September 2025 on constitutional grounds.

Key Perspectives

Judge Jesse Furman: Rejected the government's Article II removal argument, saying it would overturn nearly two centuries of precedent and that the court is bound by Supreme Court rulings. Maurene Comey's lawyers: Called the decision a victory for civil servants and the rule of law, arguing that unlimited executive power would undermine the constitutional system. Department of Justice: Disagrees with the ruling and will appeal in due course.

What to Watch

The DOJ's appeal, which will proceed after Judge Furman enters a final judgment in the case.
Comey's pending First Amendment claim, which the judge has not yet ruled on and may be briefed further.
Whether the Biden or Trump administration's position on the removal power shifts if the case reaches a higher court.

Sources

Trump Administration Unlawfully Fired Maurene Comey, Judge Rules · The New York Times
Maurene Comey was illegally fired as federal prosecutor, judge rules · The Guardian
Federal judge rules Maurene Comey’s firing by Trump administration was illegal · Washington Examiner
Trump DOJ unlawfully fired Epstein prosecutor Maurene Comey, judge rules · CNBC

Checked

12 claims in this story checked against 2 sources: 12 supported.

Show each claim

SupportedA judge ruled that Maurene Comey's firing was unlawful and ordered her reinstatement with back pay.US Top News and Analysis: “A federal judge ruled Monday that the Department of Justice's firing of New York federal prosecutor Maurene Comey last year was unlawful. Judge Jesse Furman ordered that Comey ... be retroactively reinstated to her job ... The judge also ordered that she receive back pay”
SupportedThe decision was a challenge to the DOJ's power to remove federal prosecutors.US Top News and Analysis: “Furman ... rejected the DOJ's arguments that then-Attorney General Pam Bondi could remove a federal prosecutor “at will” and without cause”
SupportedComey was fired in July 2025.US Top News and Analysis: “Maurene Comey ... was fired in July 2025.”
SupportedThe judge rejected the DOJ's argument that an attorney general could remove a federal prosecutor at will under Article II.US Top News and Analysis: “Furman ... rejected the DOJ's arguments that then-Attorney General Pam Bondi could remove a federal prosecutor “at will” and without cause”
SupportedThe judge rejected the DOJ's arguments that Pam Bondi could remove Comey without cause and Todd Blanche could ratify the firing afterward.US Top News and Analysis: “Furman ... rejected the DOJ's arguments that then-Attorney General Pam Bondi could remove a federal prosecutor “at will” and without cause, and that current AG Todd Blanche could ratify that act after the fact.”
SupportedThe judge rejected the argument that Bondi's decision to fire Comey itself satisfied the Civil Service Reform Act's cause requirement.US Top News and Analysis: “Furman also rejected the DOJ's argument that even if the Civil Service Reform Act requires removal of a prosecutor for cause, an attorney general's firing of her constituted an implicit determination that she was removed “for such cause as will promote the efficiency of the service.””
SupportedFurman wrote, “To accept Defendants' argument would be to unsettle the very equilibrium established by this Nation's constitutional system.”World news | The Guardian: “Furman added: “Indeed, to accept Defendants’ argument would be to unsettle the very equilibrium established by this Nation’s constitutional system.””
SupportedFurman wrote that the DOJ's position sought “to overturn nearly two centuries of Supreme Court precedent.”US Top News and Analysis: “The judge said the DOJ all but admitted that its argument that the attorney general had power to fire Comey under Article II of the Constitution sought “to overturn nearly two centuries of Supreme Court precedent.””
SupportedComey's lawyers said, “This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law.”US Top News and Analysis: “Comey's lawyers, in a statement Monday, said, “This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law.””
SupportedThe DOJ said it disagrees with the decision and will appeal after final judgment, which had not yet been entered.US Top News and Analysis: “The DOJ, in a statement, said, “The Department disagrees with this decision and will appeal in due course.” That appeal would happen after Furman issues a final judgment in the case.”
SupportedThe judge left Comey's First Amendment claim undecided and gave her until Nov. 9 to file arguments on why it should not be dismissed.US Top News and Analysis: “The judge did not rule on a claim by Comey that her First Amendment rights were violated by her firing, and gave her until Nov. 9 to file arguments on why that claim sould not be dismissed.”
SupportedIn her farewell note, Comey wrote, “If a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain,” and called fear “the tool of a tyrant.”US Top News and Analysis: “Comey, in a note to colleagues at the U.S. Attorney's Office after she was fired, wrote, “If a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain.” “Fear is the tool of a tyrant, wielded to suppress independent thought.””