Judge rules firing of Maurene Comey, daughter of ex-FBI chief, unlawful

A federal judge in New York has ruled that the dismissal of Maurene Comey, the daughter of former FBI Director James Comey, was unlawful. District Judge Jesse Furman issued the decision on October 26, 2026, determining that the Department of Justice violated federal law and the Constitution by terminating Comey’s employment as an assistant US attorney in the Southern District of New York. The judge ordered that Comey be retroactively reinstated to her position and awarded her back pay for the period between her termination and her acceptance of another job.

Comey was summarily dismissed in July 2025. In her lawsuit against the Department of Justice, she alleged that her firing was motivated solely or substantially by her father’s public criticism of President Donald Trump, as well as her perceived political affiliation and beliefs. Judge Furman rejected the Department of Justice’s argument that the Attorney General possesses unlimited authority to remove federal prosecutors without cause. Instead, the ruling emphasized that while the Attorney General is authorized to remove assistant US attorneys, this power is limited by law to specific procedures and reasons. The judge stated that Comey was deprived of her due process rights, noting that her dismissal violated both the US Constitution and her right to a fair legal process.

Background

Maurene Comey served as a federal prosecutor in Manhattan, where she was involved in several high-profile cases. These included prosecutions against music producer Sean "Diddy" Combs, sex offender Jeffrey Epstein, and Ghislaine Maxwell, who was the only former Epstein associate criminally charged in connection with his activities. Epstein died in prison before his trial, a death determined to be a suicide. According to the court, Comey consistently received the highest accolades from supervisors and peers during her tenure. Her father, James Comey, briefly served as FBI Director during Donald Trump’s first term in office and has since been a prominent critic of the President. Since taking office, the Trump administration has implemented measures against perceived enemies, including the removal of government officials deemed disloyal.

Why it matters

The ruling has significant implications for the balance of power within the US government. Comey’s lawyers stated that the decision reaffirms the system of checks and balances, arguing that accepting the government’s claim of unlimited executive power would unsettle the constitutional equilibrium. They described the outcome as a victory for civil servants and those fighting for the rule of law, emphasizing that the President is not above the law. The Department of Justice, however, disagreed with the decision. A spokesperson for the department stated that it would appeal the ruling in due course, maintaining that the Attorney General had the authority to dismiss Comey without cause. The case highlights ongoing tensions between the executive branch and the judiciary regarding the removal of federal employees.

What happens next

The Department of Justice has indicated that it will appeal Judge Furman’s decision. The case is currently in the US District Court in Manhattan. The judge inferred that Comey accepted another job on December 20, 2025, which marks the end of the period for which back pay was awarded. The appeal process will determine whether the reinstatement and back pay orders stand or are overturned by a higher court.