Judge orders DOJ to reinstate Maurene Comey

A federal judge ordered the Justice Department to reinstate former Assistant U.S. Attorney Maurene Comey on Monday. The court determined that her termination was unlawful and awarded her back pay. The payout covers the period from her firing in July 2025 through December 20, 2025. That is the date she began working for a new employer.

Maurene Comey served for nearly ten years in the U.S. Attorney’s Office for the Southern District of New York. During that time, she worked on high-profile prosecutions. These included cases involving Sean Combs, former Senator Bob Menendez, Jeffrey Epstein, and Ghislaine Maxwell.

The Justice Department fired Comey in July 2025. At the time, her supervisor told her the decision came from Washington. The department later filed court documents stating that then-Attorney General Pam Bondi directed the removal. Comey sued the administration in September 2025. She argued the government provided no legitimate explanation for ending her employment. She claimed the firing resulted from President Donald Trump’s longstanding personal dispute with her father, former FBI Director James Comey.

U.S. District Judge Jesse Furman ruled in favor of Comey. He found that the firing violated the separation of powers clause in the Constitution. The judge also found the action deprived her of Fifth Amendment due process rights and statutory protections. Furman wrote that the administration’s position would destabilize the constitutional system. He stated that the government’s view of executive power conflicts with nearly two centuries of Supreme Court precedent.

The Justice Department argued that Bondi had the authority to fire career prosecutors at will. The department contended that Congress lacked the power to limit that executive authority. Judge Furman rejected those arguments. He noted that Congress granted the Attorney General removal power but imposed specific limits on its use. The judge found that the government admitted to violating those limits in Comey’s case.

A Justice Department spokesperson said the agency disagrees with the decision. The spokesperson added that the department intends to appeal the ruling. Comey’s legal team issued a joint statement following the verdict. Attorneys Ellen Blain, Nicole Gueron, Deepa Vanamali, and Margaret Donovan said the ruling reaffirms the system of checks and balances. They stated that the victory belongs to all civil servants and those who fight for the rule of law.

The ruling comes as the Trump administration continues to remove career federal employees. Recent firings have targeted prosecutors and FBI staff involved in investigations related to President Trump. They also included personnel who worked on the January 6, 2021, Capitol attack investigation. Furman noted that the government used its new theory of executive power to remove other protected employees. He said the decision should help clarify the legal issues involved in those removals.

The administration is also pursuing a federal criminal case against James Comey. The government alleges a photo of seashells sent to Trump constituted a threat. That case is currently delayed until at least early 2027. A judge is weighing whether to dismiss the charges. James Comey’s legal team argues the case reflects retribution rather than a good-faith application of law. They contend that dictionaries, context, and common sense show the photo was not a true threat.