Federal judge rules DOJ’s firing of prosecutor Maurene Comey unlawful
Created: 2026-10-27T07:00:00-04:00 (America/New_York)
Last updated: 2026-10-27T06:36:31-04:00 (America/New_York)
U.S. District Judge Jesse M. Furman (S.D.N.Y.) ruled Oct. 26 that the Justice Department’s July 2025 termination of Assistant U.S. Attorney Maurene Comey violated federal civil-service law and the separation of powers, and ordered retroactive reinstatement with back pay.
What we can say from primary-oriented reading
- Court: U.S. District Court for the Southern District of New York, Comey v. DOJ et al., No. 25-CV-7625 (JMF); Opinion and Order dated Oct. 26, 2026.
- The opinion states Comey served nearly ten years as an AUSA in SDNY’s criminal division and was terminated by email on July 16, 2025, citing Article II.
- The government argued the removal was authorized by 28 U.S.C. § 542(b) and that Article II bars Congress from limiting removal of federal prosecutors; the court rejected both arguments.
- The court held the removal violated the Civil Service Reform Act and the constitutional separation of powers, and granted retroactive reinstatement and back pay from the termination date through Dec. 20, 2025.
- Comey’s complaint alleged she was fired because she is the daughter of former FBI Director James Comey and/or for perceived political beliefs (an allegation in the complaint, as described in the opinion).
- Not yet verified against a primary source (TBD): Whether DOJ will appeal; no DOJ statement verified in this run.
Primary sources
How outlets framed it
Visually separated appendix — outlet angles from headlines in today’s scout. Not our voice.
- NYT: Headline frames the story as: “Trump Administration Unlawfully Fired Maurene Comey, Judge Rules”
- WaPo: Headline frames the story as: “DOJ unlawfully fired Maurene Comey, daughter of former FBI director, judge rules”
- Reuters: Headline frames the story as: “Trump administration’s firing of prosecutor Maurene Comey was unlawful, judge rules”
- NBC: Headline frames the story as: “Judge orders DOJ to reinstate former federal prosecutor Maurene Comey, daughter of ex-FBI director”
- WSJ: Headline frames the story as: “Judge Finds Maurene Comey Was Fired Unlawfully From Prosecutor’s Office”