Judge orders DOJ to pay fired prosecutor Maurene Comey

Judge Jesse Furman ruled on Monday that the Department of Justice fired Maurene Comey without legal justification.

The U.S. District Court in Manhattan awarded the former assistant U.S. Attorney for the Southern District of New York retroactive reinstatement and back pay. The compensation covers the period from her termination on July 16, 2025, through December 20, 2025. The judge determined that Comey accepted another position on that final date.

Comey served as a federal prosecutor in New York before her departure. She handled high-profile cases against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her supervisors and peers consistently praised her work in performance reviews. They described her as a brilliant lawyer and a gifted supervisor. One review called her an outstanding assistant U.S. Attorney with judgment and advocacy among the finest in the country.

The lawsuit argued that Comey’s termination violated federal law and the Constitution. Her attorneys stated that the firing stemmed from President Donald Trump’s long-standing animus toward her father, former FBI Director James Comey. Trump fired James Comey in 2017. James Comey is currently under federal indictment for threatening Trump’s life via an Instagram post of seashells forming the number 86 47. His attorneys are seeking to have that case tossed out. A previous indictment against James Comey was dismissed.

The DOJ argued that Attorney General Pam Bondi had the authority to remove a federal prosecutor at will. The department also claimed that Todd Blanche, then acting attorney general, could ratify the decision later. Furman rejected these arguments. He stated that the DOJ’s interpretation of Article II of the Constitution sought to overturn nearly two centuries of Supreme Court precedent. The judge noted that the department admitted the termination was not based on performance. The ruling found that the DOJ ignored procedural protections required by the Civil Service Reform Act. Comey did not receive advance written notice, a reasonable time to respond, representation, or a written decision with specific reasons.

Furman called the DOJ’s statutory argument bordering on frivolous. He wrote that the argument ignored the specific procedural steps mandated by law. The judge referenced the suit’s claim that Comey was fired solely because of her father or her perceived political affiliation. While Furman referenced that claim, his decision relied on the procedural failures and statutory grounds.

Comey’s lawyers said the victory belongs to all civil servants fighting for the rule of law. They noted that accepting the government’s argument would unsettle the constitutional system of checks and balances. The DOJ said in a statement that it disagrees with the decision and will appeal in due course. The White House referred reporters to a post by the DOJ’s Rapid Response account on X. That account said the decision obstructs President Trump’s constitutional authority to fire individuals who wield executive power.

The appeal will occur after Furman issues a final judgment. The judge reserved judgment on Comey’s claim that her firing violated her First Amendment rights. Furman gave Comey until November 9 to file arguments on why that claim should not be dismissed as moot given the order in her favor on other grounds.

After her firing, Comey wrote a note to colleagues at the U.S. Attorney's Office. She warned that if a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain. She called for a fire of righteous indignation at abuses of power.