A federal judge, appointed by Obama, issued a ruling on Monday regarding the firing of Maurene Comey, the daughter of former FBI Director James Comey. The judge stated that although Trump’s attorney general and others in similar positions had the legal authority to terminate a federal prosecutor, the manner in which Comey was let go was unlawful.
Maurene Comey had been an assistant U.S. attorney in the Southern District of New York for nearly ten years. During her tenure, she participated in notable prosecutions, including those of Sean “Diddy” Combs, the convicted pedophile Jeffrey Epstein, and child sex trafficker Ghislaine Maxwell.
‘This decision reaffirms our bedrock system of checks and balances.’
On July 16, 2025, Francey Hakes, the head of the Executive Office for U.S. Attorneys, informed Comey that her employment had been terminated in accordance with Article II of the U.S. Constitution and other relevant laws.
Comey filed a lawsuit in September 2025 against the Trump administration. She contended that her firing was “unlawful and unconstitutional,” claiming it was politically motivated because of her ties to James Comey and her perceived political beliefs. Her lawsuit stated that she could only be removed for cause under the Civil Service Reform Act.
The government contended that:
- According to Article II, Comey could be dismissed at will by the attorney general since her role as an assistant U.S. attorney involved the exercising of presidential authority;
- The law has explicitly granted the attorney general the power to remove assistant U.S. attorneys;
- The statute does not impose any limitations on the removal power of the attorney general.
U.S. District Judge Jesse Furman, who was appointed by Barack Obama, appeared unconvinced by the government’s arguments. He ruled that Comey’s dismissal was “not authorized by any statute; rather, it violated the CSRA.”
Furman acknowledged that while the attorney general can remove an AUSA, there are legal limitations to this power as stipulated by the CSRA. He stated that “the attorney general (and anyone to whom they delegate this authority) must act within the law, specifically regarding the manner and reasons for dismissal.”
The judge concluded that Comey was entitled to a legal judgment on her main claims that her termination violated both constitutional separation of powers and federal law.
Furman ordered Comey’s reinstatement with back pay starting from her termination date in July until December 20, 2025, when she reportedly secured new employment.
Comey’s legal team issued a joint statement celebrating the victory, stating, “This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law.” They continued, “As the Court rightly pointed out, to accept the government’s argument concerning limitless executive power would disrupt the delicate balance established by this nation’s constitutional framework: the president is not above the law.”
The White House responded, referring to a statement from the Justice Department’s rapid response team, claiming, “The Department disagrees with this ruling, which hinders President Trump’s constitutional authority to terminate individuals who hold executive power on his behalf. We plan to appeal the ruling in due course.”
