A federal judge in Manhattan ruled that the Department of Justice’s July 2025 firing of former Southern District of New York Assistant U.S. Attorney Maurene Comey was unlawful and ordered the government to provide her with back pay and correct her personnel and benefits records.
Getty Images- Maurene Comey
U.S. District Judge Jesse M. Furman, an Obama appointee, issued the decision in Comey’s lawsuit challenging her abrupt removal. The court ordered the DOJ to award back pay and to update her personnel file and related benefits records. Comey, who has since taken a position in private practice, is not required to return to her former role. She has sought relief limited to the period from her termination through December 20, 2025.
The Justice Department tells me it disagrees with the ruling and intends to appeal. “The Department disagrees with this decision and will appeal in due course,” a DOJ spokesperson said.
Legal observers note that the order does not appear to constitute a final, appealable judgment. The court has not yet resolved Comey’s First Amendment claim, which remains pending, and has set a schedule for further briefing on that issue. Appeals typically require entry of a final judgment.
Maurene Comey, the daughter of former FBI Director James Comey, served nearly a decade as a prosecutor in the Southern District of New York. She worked on high-profile matters, including cases involving Jeffrey Epstein, Ghislaine Maxwell, and Sean “Diddy” Combs. In July 2025, she was notified by email that her employment was terminated effective immediately. The termination memorandum cited Article II of the Constitution as the sole basis and provided no additional cause or notice. She sued, alleging the firing was unlawful and motivated by her familial connection to James Comey or by perceived political affiliation, in violation of civil service protections, the Constitution, and other laws.
Judge Furman’s brother, Jason Furman, served in the Obama administration as chair of the Council of Economic Advisers and on the National Economic Council. He also worked as economic policy director for Barack Obama’s 2008 presidential campaign.
The case has drawn attention as part of broader disputes over the scope of presidential removal power under Article II and the protections afforded to career federal prosecutors under the Civil Service Reform Act. The Justice Department has maintained that the firing was a lawful exercise of executive authority. Comey’s attorneys have argued that career prosecutors cannot be removed without cause solely because of family ties or political considerations.
The litigation remains ongoing pending resolution of the remaining claims and any appeal.
