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Judge rules Maurene Comey was unlawfully fired by Trump DOJ

newsOct 26, 202646860

U.S. District Judge Jesse Furman ruled Monday that the Department of Justice unlawfully fired New York federal prosecutor Maurene Comey and ordered her retroactive reinstatement as an assistant U.S. attorney in the Southern District of New York. Furman directed that Comey receive back pay from July 16 through December 20, 2025, the date he inferred she accepted another job. Comey, who worked on prosecutions tied to Jeffrey Epstein, Ghislaine Maxwell, and Sean "Diddy" Combs, sued after her July 2025 termination. Furman rejected the DOJ’s arguments that then-Attorney General Pam Bondi could remove a federal prosecutor at will and that current AG Todd Blanche could ratify the firing, calling one statutory defense one that "borders on frivolous." The judge also said the DOJ’s Article II power argument would upend nearly two centuries of Supreme Court precedent and therefore could not be accepted. Comey’s lawyers hailed the decision as a victory for civil servants and checks and balances. The DOJ said it disagrees and will appeal after Furman enters a final judgment; Furman left Comey’s separate First Amendment claim unresolved and gave her until November 9 to oppose dismissal as moot.

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