A federal judge has determined that the Trump administration “illegally dismissed” former Assistant United States Attorney Maurene Comey.
According to a report from Politico, Comey, the daughter of former FBI Director James Comey, was unexpectedly terminated by the Trump administration’s Justice Department in July 2025. The administration justified the dismissal by referencing Article II of the Constitution, asserting that it grants the president broad executive powers.
JUST IN: Maurene Comey’s firing by DOJ was illegal and she must be ordered retroactively reinstated w back pay, a judge rules. “To accept Defendants’ argument would be to unsettle the very equilibrium established by this Nation’s constitutional system” https://t.co/LNAUuVSuji https://t.co/ltmCD1uS2m
— Kyle Cheney (@kyledcheney) October 26, 2026
U.S. District Judge Jesse Furman, who was appointed by Obama, ordered Comey to be reinstated retroactively until December 20, 2025, making her eligible for back pay and retirement benefits. Although Comey, who started working at a law firm in New York in February, is not looking to return to her former job, as reported by Reuters.
In a ruling issued on Monday, Furman stated that Comey’s termination breached the Constitution’s separation of powers, violated her Fifth Amendment rights concerning due process, and contravened federal laws designed to protect her, according to the opinion from the U.S. District Court for the Southern District of New York.
The judge dismissed the administration’s claim that it had broad authority to dismiss career prosecutors at will, cautioning that such a power could disturb the fundamental balance set by the nation’s constitutional framework.
Interestingly, the ruling doesn’t seem to be up for immediate appeal since Comey’s First Amendment claim is still open. Furman has deferred judgment on that particular claim until both parties provide additional briefs.
A schedule for filing those briefs has been established by the court, and typically, appeals occur only after a final judgment.
A spokesperson for the Department of Justice expressed disagreement with the ruling and indicated plans to appeal in due time.
Judge Jesse Furman’s brother, Jason Furman, has also had notable roles, serving in Obama’s cabinet as Chairman of the Council of Economic Advisers and within the National Economic Council. He previously worked as the Economic Policy Director for Obama’s 2008 campaign.
Comey was involved in high-profile prosecutions, including that of Sean “Diddy” Combs and the late financier Jeffrey Epstein, as well as his accomplice, Ghislaine Maxwell.
Judge Furman rules that Maurene Comey’s firing violated separation of powers. Orders backpay. Govt’s arguments violate 2 centuries of SCOTUS rulings & would “unsettle the equilibrium established by this Nation’s constitutional system.” https://t.co/lbgnas8t08 https://t.co/6xjjEwx3Uc
— Roger Parloff (@rparloff) October 26, 2026
The termination occurred as President Trump was under increasing political pressure regarding information linked to the Epstein case, as noted in an NBC News report. Attorney General Pam Bondi had announced the week prior that no more new documents related to Epstein would be released.
