NEW YORK (Diya TV) — A federal judge ruled Monday that the Justice Department unlawfully fired Maurene Comey, a former Manhattan prosecutor and daughter of former FBI Director James Comey. U.S. District Judge Jesse Furman ordered the government to restore her employment record and provide back pay for the period between her dismissal and her departure for another job.
Comey served nearly 10 years as an assistant U.S. attorney in the Southern District of New York. She worked on cases involving Jeffrey Epstein, Ghislaine Maxwell, Sean “Diddy” Combs and former Sen. Robert Menendez. Her supervisors gave her “outstanding” performance ratings and praised her courtroom work, according to court records.
On July 16, 2025, the Justice Department notified Comey by email that it had terminated her immediately, citing Article II of the Constitution. The department did not accuse her of misconduct or cite her performance. Comey sued, alleging that officials dismissed her because she was James Comey’s daughter or because they perceived her as politically opposed to President Donald Trump. The judge’s ruling did not determine the administration’s motive.
The central legal dispute concerned whether the president and attorney general could remove assistant U.S. attorneys without cause. The government argued that prosecutors exercise executive power and therefore must remain subject to removal by the president or attorney general.
Furman rejected that argument. Federal law gives the attorney general authority to remove assistant U.S. attorneys, he wrote, but the Civil Service Reform Act limits that authority. The law allows removal only for cause that promotes the efficiency of the service and requires notice and an opportunity to respond. The government acknowledged that Comey’s dismissal was not for cause and did not stem from her performance.
The judge also rejected the administration’s broader claim that Congress cannot limit the removal of federal prosecutors. He cited nearly two centuries of Supreme Court precedent allowing Congress to regulate the removal of certain subordinate executive officials, as long as they remain under the supervision of senior officials the president can remove.
Furman ordered the Justice Department to treat Comey as employed from the date of her firing through Dec. 20, 2025. He inferred that she accepted another job then; she joined the New York law firm Patterson Belknap Webb & Tyler in February 2026. The order requires the government to correct her personnel record to show that she resigned rather than was fired, and to restore applicable service credit and retirement benefits. The judge has not set the amount of back pay or ruled on whether she can recover legal fees.
The ruling resolves several of Comey’s claims, including her claims under federal civil-service law and the Fifth Amendment’s due-process protections. Furman has not decided her separate First Amendment claim, which alleges that officials retaliated against her for her speech or associations. He ordered the parties to file additional briefs before he rules on that claim.
The Justice Department said it disagrees with the decision and plans to appeal. Reuters reported that the unresolved First Amendment claim prevents an immediate appeal.
The case tests how far the executive branch can go in removing career prosecutors who do not hold political appointments. The ruling applies directly to Comey’s dismissal; any broader effect will depend on future cases and the appeal.
