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Archive photo · 13 January 2023Judge Jesse Furman Orders Reinstatement Of Maurene Comey After Unlawful DOJ Firing
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Judge Furman ruled DOJ unlawfully fired Maurene Comey in July 2025. Order reinstatement to assistant U.S. attorney and back pay.
18 outlets told this the same way.
Judge Orders Reinstatement
A federal judge in New York ruled Monday that the Justice Department unlawfully fired Maurene Comey, the daughter of former FBI Director James Comey, and ordered her reinstated as a federal prosecutor in the Southern District of New York.
U.S. District Judge Jesse Furman said in a 55-page decision that Comey’s removal violated the constitutional separation of powers and federal law, and he retroactively reinstated her to her role as a federal prosecutor.
The judge ordered the Trump administration to provide Comey back pay through Dec. 20, when she accepted a different job.
The ruling said Comey’s firing violated the Civil Service Reform Act, a landmark law enacted in 1978 that provides protections for federal workers.
A Justice Department spokesperson said the department “disagrees with this decision and will appeal in due course.”
Separation of Powers
Judge Jesse Furman rejected the Justice Department’s argument that Article II gives the president unrestricted removal power, and he ruled that the firing violated the Civil Service Reform Act. Furman wrote that the Justice Department’s argument would “upend” long-settled case law allowing Congress to regulate the removal of so-called inferior officers. The court found that Comey’s firing rested on Article II of the Constitution, not a federal law governing the civil service, and the decision said that gave the federal court jurisdiction to hear the case.
Comey’s legal team cheered the decision as a “hard-earned victory” for her and all civil servants, and they said the ruling reaffirmed checks and balances. The Justice Department argued that then-Attorney General Pam Bondi “directed” Comey’s removal and her successor, Todd Blanche, “ratified” her termination.
Back Pay and Legal Fallout
Maurene Comey’s lawsuit, filed in September 2025, challenged her dismissal from the position of Assistant Attorney General in Manhattan and accused the Trump administration of making an illegal and unconstitutional decision.
The court ordered retroactive recognition of Comey’s salary and pension rights through December 20, 2025, and it directed the modification of her file to reflect that she resigned on that day rather than being fired in July.
Comey’s legal team said the decision reaffirms “our bedrock system of checks and balances: the President is not above the law,” and it said the “hard-earned victory belongs to Ms. Comey.”
The Justice Department spokesperson said the department “disagrees with this decision and will appeal in due course,” leaving the case headed toward further proceedings.
The ruling also came as Comey’s father, James Comey, faced an ongoing federal criminal case tied to a photo of seashells that the Justice Department contends amounted to a threat against Trump.
