Obama judge rules Trump DOJ illegally fired James Comey's daughter, rejects sweeping Article II claim

Judge Rules Trump‑Appointed DOJ Unlawfully Fired AUSA, Orders Reinstatement and Back Pay

By Maine News Now

A federal judge in Manhattan on Monday declared that the Department of Justice unlawfully terminated Assistant U.S. Attorney Maurene Comey, the daughter of former FBI Director James Comey. The ruling, issued by Judge Jesse Furman—an Obama‑appointed jurist with a background as a federal prosecutor—rejects the Trump administration’s claim that the Attorney General has unlimited authority to remove federal prosecutors and warns that such a stance would upset the balance of power established by the Constitution.

Who and What

The case centers on Maurene Comey, who served roughly ten years in the Southern District of New York (SDNY) where she handled high‑profile prosecutions, including the Ghislaine Maxwell and rapper P. Diddy sex‑trafficking cases. Comey was dismissed by the Justice Department without cause, a move the DOJ described as a “not-for‑cause” firing that was not related to performance or misconduct.

Judge Furman found that the removal violated the Civil Service Reform Act (CSRA), which requires a demonstrable cause and procedural safeguards for federal employees. The DOJ had argued that, under Article II of the Constitution, the Attorney General can fire assistants U.S. attorneys at will. Furman countered that nearly two centuries of Supreme Court precedent and Congressional statutes limit that authority.

When and Where

The decision was made on Monday, with the court documents indicating the firing had taken place prior to the judge’s order. The ruling came from the U.S. District Court for the Southern District of New York, a jurisdiction that has long been the site of federal investigations into political and financial misconduct.

Why It Matters

The case is one of several high‑profile disputes over the Trump administration’s firing power, a constitutional question that has attracted the attention of the Supreme Court and other federal courts. By ruling that the DOJ cannot simply remove a federal prosecutor without cause, Judge Furman reinforced the principle of checks and balances that prevents any branch of government from exercising unchecked power over civil servants.

In his opinion, Furman stated:

“Defendants’ argument that … flies in the face of nearly two centuries of Supreme Court precedent,” and that “accepting the argument would unsettle the very equilibrium established by this nation’s constitutional system.”

The judge also highlighted that Comey had received no advance notice and no chance to respond to the alleged reasons for her dismissal.

Reinstatement and Back Pay

Judge Furman ordered that Maurene Comey be retroactively reinstated and awarded back pay through December 20, 2025, the date on which she accepted another position. The order requires the Department of Justice to comply with the reinstatement and compensate the former prosecutor for the period of unlawful termination.

Department of Justice Response

A spokesperson for the Department of Justice told Fox News Digital that the agency disagrees with the ruling and will appeal the decision “in due course.” The DOJ’s statement also confirmed that it had acknowledged Comey’s firing was not based on performance or misconduct.

Comey Family Context

The younger Comey’s case follows her father, former FBI Director James Comey, who was fired by President Donald Trump in 2017 amid the Russia‑collusion investigation. James Comey’s own career began as a federal prosecutor in the SDNY, where he investigated the presidential pardon of financier Marc Rich and the case involving Martha Stewart. The administration’s decision to terminate both father and daughter has drawn criticism from civil‑service advocates and legal scholars.

Legal Commentary

Maurene Comey’s attorneys described the outcome as a “hard‑earned” victory for their client and all civil servants. They echoed Judge Furman’s caution, saying:

“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.”

Judge Furman’s Background

Judge Jesse Furman was nominated to the federal bench in 2011. Prior to his judicial appointment, he served as a federal prosecutor in the same Manhattan U.S. attorney’s office where both Maurene and James Comey had worked. His brother, Jason, served as chairman of the Council of Economic Advisers under the Obama administration.

Looking Ahead

The Department of Justice’s appeal is expected to be filed soon, potentially bringing the case to the U.S. Court of Appeals for the Second Circuit and, ultimately, the Supreme Court. The outcome could have lasting implications for the scope of executive authority over federal employees and the enforcement of civil‑service protections nationwide.