Judge blocks Trump Justice Department's firing of prosecutor Maurene Comey
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A Manhattan federal judge ruled against the Trump Justice Department in the Maurene Comey case, ordering back pay and leaving open the possibility of reinstatement while the department prepares an appeal.
A U.S. District Judge in Manhattan ruled Monday that the Trump Justice Department illegally fired former federal prosecutor Maurene Comey, handing a setback to the department after the court found it "invented a new and expansive theory of executive power" in dismissing her. The judge said the move violated her constitutional right to due process.
Comey, who served for about ten years in the Southern District of New York and worked on cases involving Sean "Diddy" Combs, Jeffrey Epstein and Ghislaine Maxwell, was terminated in July 2025 despite receiving departmental accolades. She sued, alleging the dismissal was retaliation for her father, former FBI Director James Comey, being a vocal critic of President Trump.
The ruling orders the Justice Department to provide back pay dating to her termination and allows her to return to her prosecutorial role if she chooses. The department said it disagrees with the decision and will appeal, as is its right.
"To accept Defendants' argument would be to unsettle the very equilibrium established by this Nation's constitutional system," the judge wrote.
"This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law," her attorneys said in a statement.
The opinion adds to ongoing concerns about politically motivated dismissals at the Justice Department, with several other federal prosecutors and former FBI agents having filed similar lawsuits. The judge has not yet ruled on Comey's First Amendment claim that she was fired for protected speech and will consider further briefs on that issue.