Judge Furman Orders DOJ To Pay Maurene Comey After Ruling Firing Was Unlawful

A federal judge in Manhattan ruled Monday that the Department of Justice acted unlawfully when it terminated Maurene Comey, a senior federal prosecutor in New York. Judge Jesse Furman ordered the department to pay back wages and granted Comey retroactive reinstatement as an assistant U.S. Attorney for the Southern District of New York.

The order covers the period from Comey's termination on July 16, 2025, through December 20, 2025. Furman inferred that Comey accepted another position on that final date. The ruling comes from the U.S. District Court for the Southern District of New York, where the case was litigated. The DOJ stated it would appeal the decision once Furman issues a final judgment.

Before her dismissal, Comey handled high-profile prosecutions in the Southern District. Those cases included the trials of Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her lawsuit argued that the firing violated federal law and the Constitution. The suit claimed the termination stemmed from President Donald Trump's long-standing animosity toward her father, former FBI Director James Comey, whom Trump fired in 2017. James Comey is currently under a federal indictment alleging he threatened the president's life via an Instagram post, a charge his attorneys are contesting.

Furman rejected the DOJ's central argument that the attorney general possesses unlimited authority to dismiss prosecutors without cause. The judge found that the department failed to provide advance written notice, a reasonable time to respond, or a written decision with specific reasons. Furman noted that the DOJ conceded Comey did not receive these procedural protections required by the Civil Service Reform Act. The judge described the department's statutory defense as bordering on frivolous.

The ruling emphasized Comey's professional standing. Furman quoted supervisors and peers who described her as a brilliant lawyer, a gifted supervisor, and an outstanding assistant U.S. Attorney. The judge noted that Comey's supervisors consistently lauded her work product and courtroom advocacy. The DOJ admitted in the litigation that the termination was not based on performance or cause.

In a statement, Comey's lawyers called the ruling a victory for civil servants and the rule of law. They argued that accepting the government's view of executive power would unsettle the constitutional system. The lawyers stated that the decision reaffirms that the president is not above the law. The White House referred reporters to a post from the DOJ's Rapid Response account on X, which said the decision obstructs the president's constitutional authority.

Furman reserved judgment on Comey's First Amendment claim. He gave her until November 9 to file arguments on why that claim should not be dismissed as moot. In a note to colleagues after her firing, Comey warned that fear could seep into the decisions of remaining prosecutors if a career lawyer could be dismissed without reason.