A federal judge has ruled that the Trump administration unlawfully fired Maurene Comey, a former federal prosecutor and daughter of ex-FBI Director James Comey, ordering her reinstatement and back pay.
US District Judge Jesse Furman issued the ruling on Monday, finding that the Justice Department had violated Maurene Comey's constitutional right to due process and overstepped the boundaries of executive authority.
Maurene Comey was dismissed from her position as an assistant US attorney in Manhattan on July 16, 2025, after nearly a decade of service. She had consistently received the highest accolades from supervisors and peers throughout her career.
She sued the Justice Department, arguing her firing was unlawful and unconstitutional. Her legal team contended she was dismissed because of her father's status as a prominent critic of President Donald Trump, and because of her perceived political affiliations.
In his ruling, Judge Furman wrote that the Justice Department "invented a new and expansive theory of executive power" in dismissing her. He rejected the administration's position that the president holds broad authority to fire federal employees without cause, regardless of protections established by Congress.
"To accept defendants' argument would be to unsettle the very equilibrium established by this nation's constitutional system," Furman wrote.
The judge also dismissed the notion that federal prosecutors such as Maurene Comey fall within the president's "conclusive and preclusive" powers. He noted that while the attorney general may fire federal prosecutors, it can only be done "in a particular manner and only for certain reasons."
Furman ordered that Maurene Comey receive back pay covering the period from her firing through December 2025, when she accepted a new position. He also ruled she is entitled to retroactive reinstatement and may return to the Southern District of New York as a prosecutor if she chooses.
During her tenure, Maurene Comey worked on some of the country's highest-profile cases, including those against convicted sex offender Jeffrey Epstein, his associate Ghislaine Maxwell, and music mogul Sean "Diddy" Combs, who was convicted on prostitution-related charges.
The Justice Department said in court filings that the decision to fire her was made by former Attorney General Pam Bondi. In response to Monday's ruling, the department said it "disagrees with this decision and will appeal in due course."
Maurene Comey's lawyers welcomed the outcome. "This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law," they said in a statement.
The ruling adds to a growing number of legal challenges over politically motivated dismissals at the Justice Department. Several federal prosecutors and former FBI agents have filed lawsuits against the department under the Trump administration, alleging they were fired for political reasons.
The court's order is not yet final. Judge Furman has not ruled on Maurene Comey's separate First Amendment claim that she was fired for politically protected speech, and plans to hear further briefings on that argument.
Her father, James Comey, led the FBI from 2013 to 2017 before being fired by Trump during his first term. He has since become one of the president's most prominent critics.
The Trump administration has pursued legal action against James Comey on two separate occasions. The first case, which accused him of lying to Congress, was dismissed by a judge who found that the prosecutor who brought the charges had been unlawfully appointed.
A second case, which remains pending, stems from a social media post in which James Comey shared a photograph of seashells arranged on a beach to read "86 47." Prosecutors allege the image was intended to encourage violence against Trump, as "86" is a slang term meaning "get rid of." James Comey has denied any wrongdoing.
