On October 26, 2026, U.S. District Judge Jesse Furman ruled that the Trump Justice Department unlawfully fired federal prosecutor Maurene Comey in July 2025. Rejecting executive claims of unlimited at-will removal authority, Furman ruled the firing violated statutory civil service protections and constitutional separation of powers. The ruling grants Comey back pay through December 2025, while the Department of Justice announced plans to appeal.
Ruling and remedies in Comey's firing
- ▪U.S. District Judge Jesse Furman granted Maurene Comey retroactive reinstatement and back pay as a federal prosecutor from her July 16, 2025 termination through December 20, 2025
- ▪U.S. District Judge Jesse Furman ruled that the Department of Justice's July 2025 firing of Assistant U.S. Attorney Maurene Comey was unlawful
Rejection of executive authority arguments
- ▪The Department of Justice argued that then-Attorney General Pam Bondi had statutory and Article II authority to dismiss Assistant U.S. Attorney Maurene Comey at will and without cause
- ▪U.S. District Judge Jesse Furman ruled that while Congress authorized the Attorney General to remove prosecutors, removals are legally restricted by Civil Service Reform Act procedural requirements
- ▪U.S. District Judge Jesse Furman rejected the Department of Justice's argument that Acting Attorney General Todd Blanche could retroactively ratify Maurene Comey's July 2025 termination by then-Attorney General Pam Bondi in May 2026
First Amendment legal claim
- ▪U.S. District Judge Jesse Furman reserved judgment on Maurene Comey's First Amendment claim from her lawsuit against the Department of Justice, setting a November 9, 2026 deadline for further legal arguments
- ▪U.S. District Judge Jesse Furman directed Maurene Comey to submit arguments explaining why her First Amendment claim should not be dismissed as moot following his ruling that her firing was unlawful on other grounds
Department of Justice admissions and response
- ▪The Department of Justice admitted that Maurene Comey was not terminated for cause or work performance and conceded she was not provided advance written notice or procedural protections
- ▪The Department of Justice stated on October 26, 2026 that it disagrees with U.S. District Judge Jesse Furman's ruling that Maurene Comey was unlawfully fired, and intends to appeal in due course
Maurene Comey's legal career and performance
- ▪During Maurene Comey's tenure as a federal prosecutor in the Southern District of New York, she prosecuted Jeffrey Epstein, Ghislaine Maxwell, Sean Combs, and Bob Menendez
- ▪Prior to Maurene Comey's July 2025 termination, she received consistently outstanding performance reviews from supervisors and peers calling her a brilliant lawyer and gifted supervisor
- ▪Following Maurene Comey's termination from the Department of Justice, she joined the law firm Patterson Belknap Webb & Tyler as a partner in February 2026
Legal actions against James Comey
- ▪A prior federal criminal case against former FBI Director James Comey was dismissed after a judge determined the prosecuting attorney had not been lawfully appointed
- ▪Former FBI Director James Comey faces a federal criminal indictment alleging he threatened President Donald Trump by posting an Instagram photo of seashells forming the numbers '86 47.'
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