Judge Compels DOJ to Restore Comey

A federal judge ruled on Monday that Maurene Comey was unlawfully terminated by the Justice Department. U.S. District Judge Jesse Furman ordered her immediate reinstatement to her post as an Assistant U.S. Attorney. The ruling grants her back pay from the date of her firing through December 20, 2025, when she started a new position. A Justice Department spokesperson said the agency disagrees with the decision and will appeal.

Comey was fired in July 2025 after nearly ten years of service in the Southern District of New York. Her attorneys filed suit in September 2025, arguing the Trump administration offered no legitimate reason for the dismissal. They contended the firing stemmed from President Donald Trump's longstanding dispute with her father, former FBI Director James Comey. Maurene Comey stated her supervisor told her only that the decision came from Washington.

Judge Furman found that the firing violated the Constitution's separation of powers and Comey's Fifth Amendment due process rights. The judge determined that Attorney General Pam Bondi directed the removal without following statutory procedures. The ruling rejected the administration's claim that the Attorney General holds unlimited authority to fire career prosecutors at will. Furman wrote that Congress imposed specific limits on that power, and the government conceded those limits were breached.

Comey had worked on high-profile prosecutions, including those of Sean Combs, former Sen. Bob Menendez, Jeffrey Epstein, and Ghislaine Maxwell. The Justice Department argued in court filings that it had the right to remove employees for no reason. Furman called this a sweeping theory of executive authority that contradicts two centuries of Supreme Court precedent. He noted the administration has used this new theory to remove other protected employees, particularly those involved in investigations into Trump or the January 6 attack on the Capitol.

The ruling arrives as the Justice Department pursues a separate criminal case against James Comey. Prosecutors allege a photo of seashells sent by the former FBI director constituted a threat against Trump. That case is delayed until at least early 2027 while a judge weighs a motion to dismiss. James Comey's legal team argues the prosecution is retribution rather than a good-faith application of the law. They maintain that context and common sense show the photo was not a true threat.

Comey's attorneys, including Ellen Blain, Nicole Gueron, Deepa Vanamali, and Margaret Donovan, issued a joint statement following the ruling. They said the decision reaffirms the system of checks and balances and that the President is not above the law. The attorneys stated the victory belongs to Comey, to all civil servants, and to those fighting for the rule of law. The Justice Department has not indicated when it will file its appeal.