Judge Orders DOJ To Restore Prosecutor With $40,000 Back Pay

U.S. District Judge Jesse Furman ordered the Justice Department to reinstate Maurene Comey, a former Assistant U.S. Attorney in the Southern District of New York, and pay her $40,000 in back wages. The decision, issued on Monday, declares her July 2025 termination unlawful under the Constitution and federal statutes.

Comey served for nearly a decade in the S.D.N.Y. office before her abrupt dismissal. She handled major prosecutions, including those involving Sean "Diddy" Combs, former Sen. Bob Menendez, and Jeffrey Epstein. Her legal team filed suit in September 2025, arguing the administration offered no legitimate reason for the firing. They contended the move stemmed from President Donald Trump’s personal history with her father, former FBI Director James Comey, whom Trump removed in 2017.

The Justice Department maintained in court filings that Attorney General Pam Bondi held the authority to remove career prosecutors at will. Furman rejected this interpretation, stating that Congress imposed specific limits on the Attorney General’s removal power. The judge found that Bondi failed to follow those legal requirements, thereby denying Comey her Fifth Amendment due process rights. The ruling notes the administration’s position contradicts nearly two centuries of Supreme Court precedent.

Furman calculated back pay from the date of Comey’s termination through Dec. 20, 2025. That date marks when she began new employment. The judge also observed that the administration has used this new theory of executive power to remove other federal employees who previously held protections from removal. He wrote that the decision should help clarify these legal issues for future cases.

A Justice Department spokesperson said the agency disagrees with the decision and plans to appeal. Comey’s attorneys, including Ellen Blain and Nicole Gueron, issued a joint statement praising the ruling. They described it as a victory for civil servants and the rule of law, noting that the President is not above the law.

The ruling arrives as the administration continues its criminal case against James Comey over a photo of seashells. That case has been delayed until at least early 2027 while a judge weighs a motion to dismiss. The defense argues the photo was not a true threat and that the prosecution reflects retribution.