Judge orders DOJ to repay fired prosecutor

Maurene Comey, a federal prosecutor who recently left the Southern District of New York, will receive retroactive reinstatement and back pay after a federal judge ruled her termination unlawful. Judge Jesse Furman issued the decision on Monday in U.S. District Court in Manhattan. The order covers the period from her dismissal on July 16, 2025, through December 20, 2025. Furman inferred that Comey accepted another position on that final date.

The ruling grants Comey the status of an assistant U.S. Attorney for the period in question. She will be paid accordingly for the 157 days she was removed from her post. The Department of Justice stated it will appeal the decision. The appeal will be filed after Furman issues a final judgment in the case.

Comey served in the Southern District of New York before her departure. She handled several high-profile cases during her tenure. These included the prosecutions of Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her lawyers described the ruling as a victory for civil servants and the rule of law. They quoted the court’s finding that accepting unlimited executive power would unsettle the constitutional system.

Comey’s lawsuit argued that her firing stemmed from President Donald Trump’s animosity toward her father, former FBI Director James Comey. The suit claimed the Department of Justice provided no legitimate explanation for the termination. It alleged the firing was based on her father’s identity or her perceived political beliefs. Judge Furman referenced these claims but based his decision on other legal grounds.

The judge rejected the Department of Justice’s argument that the attorney general could remove a prosecutor at will. He found that then-Attorney General Pam Bondi did not have the authority to dismiss Comey without cause. He also rejected the argument that current Attorney General Todd Blanche could ratify the firing after the fact. Blanche had acted in that capacity in May of this year.

Furman noted that Comey received excellent performance reviews before her dismissal. Her supervisors described her as a brilliant lawyer and a gifted supervisor. They called her an outstanding assistant U.S. Attorney with judgment and advocacy among the finest in the country. The Department of Justice admitted that the termination was not based on her performance.

The judge found that the Department of Justice ignored procedural protections required by the Civil Service Reform Act. Comey was not given advance written notice or a reasonable time to respond. She was also not provided with representation or a written decision detailing specific reasons for her removal. Furman stated that the Department of Justice conceded she was not afforded these protections.

The White House pointed to a post on the Department of Justice’s X account regarding the decision. The post stated that the Department disagrees with the ruling. It argued 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 claim that her firing violated her First Amendment rights. He gave her until November 9 to file arguments on why that claim should not be dismissed as moot. The judge noted that the Department of Justice’s argument sought to overturn nearly two centuries of Supreme Court precedent. He wrote that the court is bound to follow those precedents unless the Supreme Court overturns them.

James Comey is currently under federal indictment for allegedly threatening President Trump’s life via an Instagram post. His attorneys are seeking to dismiss that case. Maurene Comey’s father denies any wrongdoing in the matter.