A US federal judge has ruled that the Justice Department’s dismissal of Maurene Comey, a former federal prosecutor involved in several high-profile cases, was unconstitutional.
Comey, who served as an assistant US attorney in the Southern District of New York for nearly 10 years, was dismissed in July 2025. She later sued the government, alleging that her termination was retaliation because she is the daughter of former FBI Director James Comey, a prominent critic of President Donald Trump.
Before her dismissal, Comey had received positive evaluations from her supervisors and was assigned to some of the office’s most significant prosecutions, including cases involving Jeffrey Epstein and Sean “Diddy” Combs.
The Justice Department acknowledged during the case that Comey was not dismissed because of misconduct or poor performance.
US District Judge Jesse Furman ruled on Monday that the Justice Department violated the Constitution’s separation-of-powers principles as well as the Civil Service Reform Act when it removed Comey from her position.
“Yes, the Attorney General is authorized by law to remove an AUSA. But the Attorney General (and anyone to whom the Attorney General delegates that authority) is also limited by law, namely the CSRA, to do so only in a particular manner and only for certain reasons. And Comey’s removal indisputably violated the CSRA,” Furman wrote.
The Justice Department had argued that the attorney general, while exercising powers delegated by the president, could not be restricted by Congress in decisions concerning the removal of federal employees.
Furman rejected that position, saying it would conflict with about two centuries of Supreme Court precedent concerning the limits on executive power.
Accepting the government’s argument, he said, could “risk a return to the spoils system that Congress has sought to end since the nineteenth century.”
Comey is now working as a defence lawyer. Furman ordered the government to pay her back wages up to the point when she began her new legal role.
In a statement, Comey’s lawyers described the ruling as a victory not only for their client but also for government employees and the principle of the rule of law.
“This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law,” the legal team said.
The Justice Department, however, rejected the ruling and indicated that it would challenge the decision.
“The department disagrees with this decision and will appeal in due course,” a DOJ spokesperson said.
Following her dismissal last year, Comey sent a message to former colleagues urging them not to allow fear to affect their work as federal prosecutors.
“If a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain,” she wrote. “Do not let that happen.”
She also urged them to allow the incident to strengthen their resolve to challenge abuses of power and pursue justice.
“Fear is the tool of a tyrant, wielded to suppress independent thought. Instead of fear, let this moment fuel the fire that already burns at the heart of this place. A fire of righteous indignation at abuses of power. Of commitment to seek justice for victims. Of dedication to truth above all else,” she added.
Furman, who was appointed to the federal bench by former President Barack Obama, did not determine whether Comey’s dismissal also violated her First Amendment rights.
The judge instead requested additional arguments from both sides before making a decision on that aspect of the case
