Trump’s DOJ unlawfully fired ex-FBI director James Comey’s daughter, judge rules
WASHINGTON, DC: A federal judge has ruled that the Department of Justice (DOJ) acted unlawfully when it fired Maurene Comey, the daughter of former Federal Bureau of Investigation (FBI) director James Comey, from her job as a federal prosecutor in New York.
Maurene was removed in July 2025 after serving as an assistant US attorney for ten years. She later sued the Justice Department, alleging that her dismissal violated constitutional protections.
Judge rules Maurene Comey's firing was unlawful
In his 50-page ruling, Judge Jesse M. Furman determined that Maurene was unlawfully removed in July 2025 despite handling major national cases and earning "the highest accolades from supervisors and peers alike."
During her tenure at the Manhattan US Attorney's Office, Maurene handled major criminal cases involving Ghislaine Maxwell and music mogul Sean 'Diddy' Combs.
In her lawsuit, she alleged that her firing violated the constitutional separation of powers, the First Amendment and the due process clause of the Fifth Amendment. She also argued that her dismissal stemmed from President Donald Trump’s longstanding animus toward her father, who was fired from his position in 2017.
Furman rejected the government’s argument that federal prosecutors could be dismissed at will because they exercise the president's "conclusive and preclusive" authority. He said the administration's claim that Congress has no power to regulate the removal of federal prosecutors "flies in the face of nearly two centuries of Supreme Court precedent.”
“Indeed, to accept Defendants' argument would be to unsettle the very equilibrium established by this Nation's constitutional system," Furman added.
He also ruled that Comey's dismissal violated the constitutional separation of powers, statutory protections, Fifth Amendment due process rights and the Administrative Procedure Act.
Furman deferred a decision on Comey's First Amendment claim pending further submissions. However, he indicated that he was inclined to dismiss it as largely moot because she had since entered private practice and was no longer seeking active reinstatement.
The ruling also established that Comey's reinstatement applied from the date of her termination in July 2025 until December, when she effectively resigned from her role by accepting a new job in the private sector.
DOJ vows to appeal ruling on Maurene Comey's dismissal
In its statement, the Department of Justice denounced Furman's ruling, saying it "disagrees with this decision and will appeal in due course."
Comey's legal team, comprising Ellen Blain, Nicole Gueron, Deepa Vanamali and Margaret Donovan, praised the court's conclusion.
"This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law," they stated.
"As the Court correctly held, to accept the government's argument about unlimited executive power 'would be to unsettle the very equilibrium established by this Nation's constitutional system.' This decision reaffirms our bedrock system of checks and balances: the President is not above the law."
Furman's ruling came after federal prosecutors brought new charges against James Comey, marking the third attempt to indict the former FBI chief.
In the latest filings, federal prosecutors sought to charge Comey with two counts of violating the Espionage Act by transmitting national defense information to a person not entitled to receive it.
