Judge Furman: DOJ Must Restore Maurene Comey and Cover 2025 Back Wages

Judge Jesse Furman ruled Monday that the Department of Justice acted unlawfully when it dismissed Maurene Comey, a federal prosecutor in New York, in July 2025. The decision grants Comey retroactive reinstatement and orders the department to pay back wages for the period between her termination on July 16, 2025, and December 20, 2025. Furman inferred that Comey accepted outside employment on the latter date, marking the end of the accrual period for the payout.

The ruling rejects the department’s contention that the Attorney General holds the authority to remove federal prosecutors without cause. Furman found that the DOJ failed to adhere to the procedural requirements of the Civil Service Reform Act. The law mandates that employees receive advance written notice, a reasonable time to respond, and a written decision containing specific reasons for removal. The DOJ conceded that Comey was not afforded these protections. The judge described the department's alternative statutory argument as bordering on frivolous.

Furman noted that the DOJ admitted Comey’s termination was not based on her performance. Instead, the judge pointed to consistent praise from supervisors and peers who described her as a brilliant lawyer and a gifted supervisor. Her performance reviews characterized her judgment and courtroom advocacy as among the finest in the country. The judge also stated that the department’s reliance on Article II of the Constitution to justify the firing sought to overturn nearly two centuries of Supreme Court precedent, a move the court found unpersuasive.

Comey had served as an assistant U.S. Attorney in the Southern District of New York before her dismissal. She handled high-profile cases involving Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her lawsuit argued that her termination violated federal law and the Constitution, stemming from President Donald Trump’s animus toward her father, former FBI Director James Comey. The suit claimed the DOJ offered no legitimate explanation for the firing and acted due to her father’s identity or her perceived political beliefs.

James Comey is currently facing a federal indictment alleging he threatened the president’s life by posting a photo of seashells forming numbers on Instagram. His attorneys are seeking to dismiss that case. Maurene Comey’s lawyers stated that the victory belongs to all civil servants fighting for the rule of law. They added that accepting the government’s argument for unlimited executive power would unsettle the constitutional system of checks and balances.

The Department of Justice said it disagrees with the decision and plans to appeal. The White House referred to a post by the DOJ’s Rapid Response account on X, which stated the ruling obstructs the president’s constitutional authority to fire executive branch employees. Furman reserved judgment on Comey’s First Amendment claim, giving her until November 9 to file arguments on why that claim should not be dismissed as moot given the other rulings in her favor.