Manhattan Judge: DOJ Fired Maurene Comey Without Cause

Judge Jesse Furman ruled on Monday that the Department of Justice fired Maurene Comey, a federal prosecutor in the Southern District of New York, without legal justification.

The ruling grants Comey retroactive reinstatement and back pay for the period between her termination on July 16, 2025, and December 20, 2025. Furman inferred that Comey accepted a new position on the latter date. The case is pending in U.S. District Court in Manhattan.

The department stated it would appeal the decision. The judge rejected the DOJ's central argument that the attorney general possesses the authority to dismiss a federal prosecutor without cause. The court found that the agency failed to follow the procedural requirements of the Civil Service Reform Act. Comey was not given advance written notice, a reasonable time to respond, or representation before her removal.

Furman noted that the DOJ conceded Comey’s termination was not based on performance. He cited performance reviews from her supervisors and peers that described her as a "brilliant lawyer" and "an outstanding AUSA in every respect." The judge called the DOJ's statutory defense "bordering on frivolous" and stated the argument ignored nearly two centuries of Supreme Court precedent regarding executive power.

Comey worked on high-profile cases, including prosecutions against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her lawsuit alleged her firing stemmed from President Donald Trump’s animus toward her father, former FBI Director James Comey. The suit claimed the DOJ provided no legitimate explanation for the termination, citing perceived political affiliation instead.

James Comey is currently facing a federal indictment for allegedly threatening Trump’s life by posting a photo of seashells forming the number 86 47 on Instagram. His attorneys are seeking to dismiss that case. A previous federal indictment against James Comey under the Trump administration was also dismissed.

Comey's lawyers issued a statement calling the ruling a victory for civil servants and the rule of law. They argued that accepting the government's claim of unlimited executive power would upset the constitutional equilibrium. The lawyers said the decision reaffirms that the President is not above the law.

The White House referred media to a post by the DOJ's Rapid Response account on X. The post stated that the decision obstructs President Trump's constitutional authority to fire individuals who wield executive power. The department said it intends to appeal in due course.

Furman reserved judgment on Comey’s First Amendment claim. She has until November 9 to file arguments on why that claim should not be dismissed as moot given his ruling on other grounds. The judge will issue a final judgment before the appeal proceeds.

In a note to colleagues after her firing, Comey wrote that fear could seep into the decisions of remaining prosecutors if a career attorney can be dismissed without reason. She urged colleagues to let the moment fuel a commitment to seek justice for victims.