Maurene Comey wins court order to return to federal prosecutor post

U.S. District Judge Jesse Furman ruled on Monday that the Justice Department fired Maurene Comey illegally and must put her back on the payroll. The decision overturns the abrupt dismissal of the former Assistant U.S. Attorney, who served for nearly a decade in the Southern District of New York. The court ordered the Department to pay her back wages from July 2025 through December 20, 2025.

Furman found that the firing violated the Constitution’s separation of powers and Comey’s Fifth Amendment rights to due process. The judge wrote that the administration’s claim to fire career prosecutors without cause would unsettle the balance established by the nation’s constitutional system. He rejected the Department’s argument that the Attorney General holds unlimited power to remove staff at will.

The ruling states that Congress granted the Attorney General the authority to remove prosecutors but also placed specific limits on that power. Furman noted that even the Department conceded those limits were violated in this case. He described the administration’s position as a sweeping theory of executive authority that contradicts nearly two centuries of Supreme Court precedent.

Comey sued in September 2025, alleging that the Trump administration gave no legitimate explanation for her departure. Her attorneys argued the firing stemmed from President Donald Trump’s longstanding conflict with her father, former FBI Director James Comey. Comey stated that her supervisor told her the decision came from Washington. The Department later filed in court that then-Attorney General Pam Bondi directed the removal.

During her tenure, Comey worked on high-profile cases, including the prosecutions of Sean Combs, Sen. Bob Menendez, and Jeffrey Epstein and Ghislaine Maxwell. The judge noted that the administration has used this new theory of power to remove other Executive Branch employees who historically had protections from removal. Furman added that the ruling should help clarify these legal issues for future cases.

A Justice Department spokesperson said the agency disagrees with the decision and will appeal in due course. Comey’s attorneys, including Ellen Blain and Nicole Gueron, issued a joint statement calling the ruling a victory for civil servants and the rule of law. They wrote that the decision reaffirms the system of checks and balances and that the President is not above the law.

The legal dispute exists against a backdrop of ongoing litigation involving Comey’s father. The administration is pursuing a federal criminal case against James Comey over a photo of seashells, which it claims was a threat. That case is delayed until at least early 2027 while a judge reviews a motion to dismiss. Defense attorneys argue the case is a product of retribution rather than good-faith law enforcement.