Federal Court: DOJ Must Restore Fired Prosecutor Maurene Comey

Maurene Comey, daughter of former FBI Director James Comey, will return to her position as an Assistant U.S. Attorney in New York following a federal court ruling issued Monday. U.S. District Judge Jesse Furman determined that her dismissal was unlawful and ordered the Justice Department to reinstate her immediately.

The court found that the July 2025 termination violated the Constitution's separation of powers, as well as Comey's Fifth Amendment due process and statutory rights. Furman wrote that the Trump administration's claim to fire career prosecutors at will would upset the constitutional equilibrium. The judge also awarded back pay from the date of her firing through December 20, 2025, the day Comey started a new job.

The Justice Department stated in a spokesperson's comment that it disagrees with the decision and plans to appeal. Comey's legal team, including Ellen Blain, Nicole Gueron, Deepa Vanamali, and Margaret Donovan, issued a joint statement saying the ruling reaffirms the system of checks and balances. They noted that the President is not above the law and that the victory belongs to all civil servants.

Comey worked on high-profile cases in the Southern District of New York, including the prosecutions of Sean Combs, former Senator Bob Menendez, and Jeffrey Epstein. She filed her lawsuit in September 2025, arguing the administration gave no legitimate reason for her removal after nearly a decade of service. Her attorneys claimed the firing stemmed from President Donald Trump's longstanding conflict with her father, whom he removed as FBI Director in 2017.

The judge found that then-Attorney General Pam Bondi did not follow legal procedures when she ordered Comey's removal. Furman rejected the department's argument that Congress lacks the authority to limit the Attorney General's power to fire staff. He described the administration's stance as a sweeping theory of executive authority that conflicts with nearly two centuries of Supreme Court precedent.

The ruling comes as the administration continues to pursue a federal criminal case against James Comey based on a photo of seashells. That case has been delayed until at least early 2027 while a judge considers whether to dismiss it. James Comey's team argues the case is an act of retribution rather than a good-faith application of the law.