A federal judge in New York ruled Monday that the Trump administration illegally fired Maurene Comey from her position as an assistant U.S. attorney in July 2025. Judge Jesse M. Furman found that Comey, who served as a federal prosecutor for a decade and worked on high-profile cases, was terminated despite consistently receiving the highest accolades from supervisors and peers.
Comey sued the Justice Department following her dismissal, arguing the termination violated the constitutional separation of powers, the First Amendment, and the Due Process Clause of the Fifth Amendment. She asserted she was fired because she is the daughter of former FBI Director James Comey, whom President Donald Trump has long viewed as an enemy, or because of her perceived political affiliation and beliefs.
Furman rejected the government's argument that federal prosecutors exercise the president's "conclusive and preclusive" powers and that Congress cannot regulate their removal. The judge wrote that this claim "flies in the face of nearly two centuries of Supreme Court precedent" and would "unsettle the very equilibrium established by this Nation's constitutional system."
The ruling found the firing violated the separation of powers, the Administrative Procedure Act, and Comey's Fifth Amendment due process and statutory rights. Furman reserved judgment on the First Amendment claim, saying he was inclined to dismiss it as largely moot since Comey is now in private practice and no longer seeks reinstatement.
The judge granted Comey retroactive reinstatement and back pay through December 20 to "make her whole" and prevent adverse employment consequences from the "unlawful termination." Her attorneys called the decision a victory for civil servants and the rule of law, stating it reaffirms that "the President is not above the law." The Justice Department did not immediately respond to a request for comment.
Sources: Las Vegas Review-Journal
Original reporting: Las Vegas Review-Journal →
English (US)·