Judge rules firing of Maurene Comey unlawful

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Summary

A federal judge found that the Trump administration's removal of prosecutor Maurene Comey violated laws protecting civil servants from politically motivated dismissals.

A U.S. District Court judge ruled on Oct. 26 that the Trump administration’s termination of Maurene Comey, a former Manhattan federal prosecutor and daughter of former FBI Director James Comey, was unlawful. Comey had sued, claiming she was dismissed in July 2025 without cause and that the action was retaliation for her father’s longstanding disputes with President Donald Trump.

Judge Jesse Furman cited precedent affirming Congress’ authority to limit the executive’s power to remove "inferior officers," writing that accepting the government’s argument would upset the constitutional balance of powers. He ordered that Comey be retroactively reinstated through Dec. 2025, allowing her to receive back pay and qualify for retirement benefits.

"This decision reaffirms our bedrock system of checks and balances," Comey’s lawyers said in a statement to Reuters.

The Justice Department argued that prosecutors can be removed without cause because of the executive authority they exercise in court. In response, the department issued a statement disagreeing with the ruling, calling it an obstruction of President Trump’s constitutional authority and indicating plans to appeal.

Maurene Comey, a Harvard Law School graduate, had previously led prosecutions against Ghislaine Maxwell and Sean "Diddy" Combs. The case follows earlier controversies involving her father, including a 2024 charge that was later dismissed and a separate federal case alleging a threatening photograph.

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