Maurene Comey fired from the Justice Department unlawfully, a New York federal judge ruled Monday, finding the agency violated her due process rights when it dismissed the former Manhattan prosecutor last year.
Comey, the daughter of former FBI Director James Comey, spent roughly a decade in the Southern District of New York handling prominent prosecutions that included cases tied to Sean “Diddy” Combs, Jeffrey Epstein and Ghislaine Maxwell. She was removed from her post in July 2025 under the Trump administration despite a record of strong performance evaluations, according to court filings. She sued soon after, arguing the termination was unconstitutional and driven by politics connected to her father, a vocal critic of former President Donald Trump.
Maurene Comey fired ruling faults DOJ’s legal theory
U.S. District Judge Jesse Furman wrote that the department “invented a new and expansive theory of executive power” to justify Comey’s dismissal and in doing so breached her constitutional right to due process. Accepting that argument, he said, would upset the balance of the nation’s constitutional system.
The decision arrives amid broader concerns over politically motivated personnel actions at the Justice Department. In recent years, other federal prosecutors and former FBI agents have filed lawsuits alleging they were pushed out for political reasons related to their assignments.
Comey’s attorneys praised the outcome, saying it affirms the principle that the president is subject to the law and the Constitution’s system of checks and balances. “This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law,” they said.
Furman’s order directs the government to provide back pay dating to her July 2025 firing and allows Comey to return to the Southern District of New York as a prosecutor if she chooses.
The Justice Department said it disagreed with the ruling and will appeal. The court’s order is not yet final. Furman has not ruled on Comey’s separate First Amendment claim that she was punished for politically protected speech, and he plans to consider further briefing on that issue.
