Back Pay: Judge Rules DOJ Fired Prosecutor Maurene Comey Unlawfully

Judge Jesse Furman ruled on Monday that the Department of Justice fired Maurene Comey, a federal prosecutor for the Southern District of New York, without legal cause. The decision grants Comey retroactive reinstatement and back pay for the period between her termination on July 16, 2025, and December 20, 2025.

The judge determined that the department failed to follow the procedural requirements of the Civil Service Reform Act. Comey was not given advance written notice, a reasonable time to respond, or a written decision stating specific reasons for her removal. The DOJ conceded that these procedural protections were not afforded to her, even though the law mandated them for the position she held.

Furman rejected the department's argument that the attorney general had the authority to remove a federal prosecutor at will. He found that the argument that Comey’s dismissal was implicitly for cause because it promoted service efficiency bordered on frivolous. The judge noted that Comey had received excellent performance reviews from supervisors who described her as a brilliant lawyer and an outstanding assistant U.S. attorney.

Comey’s lawyers stated that the victory belongs to all civil servants and those fighting for the rule of law. They argued that accepting the government's claim of unlimited executive power would unsettle the constitutional system of checks and balances. The suit had alleged that the firing stemmed from President Donald Trump’s animus toward Comey’s father, former FBI Director James Comey.

The Department of Justice said it disagrees with the decision and will appeal in due course. The White House referred to a statement from the DOJ's Rapid Response account on X, which claimed the ruling obstructs President Trump's constitutional authority to fire individuals. The appeal will occur after Furman issues a final judgment in the case.

Furman reserved judgment on Comey’s First Amendment claim regarding her firing. He gave her until November 9 to file arguments explaining why that claim should not be dismissed as moot given his ruling on other grounds. Before her termination, Comey worked on high-profile prosecutions involving Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs.

James Comey, who is currently under federal indictment for allegedly threatening Trump’s life via an Instagram post, denied any wrongdoing. His attorneys are seeking to have that case tossed out after a previous federal indictment against him was dismissed. Maurene Comey’s termination was not based on her performance, according to the DOJ’s own admission in the ruling.