Judge Furman orders DOJ to pay $157,000 to former prosecutor Maurene Comey

Judge Jesse Furman ruled Monday that the Department of Justice unlawfully terminated Maurene Comey, a federal prosecutor in the Southern District of New York, in July 2025. The court ordered the agency to provide retroactive reinstatement and back pay for the period between her firing on July 16, 2025, and December 20, 2025. Furman inferred that Comey accepted another position by the end of that month. The total back pay award is approximately $157,000.

The ruling rejected the Justice Department's defense that the attorney general possesses inherent authority to dismiss federal prosecutors without cause. Furman stated that the agency's reliance on Article II of the Constitution to justify the termination sought to overturn nearly two centuries of Supreme Court precedent. The judge noted that the Department conceded Comey was not fired for cause or poor performance, despite having received excellent reviews from supervisors who called her a brilliant lawyer and gifted supervisor.

Comey’s legal team argued that the termination violated federal law and the Constitution, stemming from President Donald Trump’s long-standing friction with her father, former FBI Director James Comey. The suit claimed the department provided no legitimate explanation for her removal and instead fired her because of her father or her perceived political beliefs. Furman agreed with the core of these claims but based his decision primarily on procedural grounds.

The judge found that the DOJ ignored requirements under the Civil Service Reform Act, which mandates advance written notice, a reasonable time to respond, and a written decision with specific reasons. Furman wrote that the defendants conceded Comey was not afforded these protections. He described the government's statutory argument justifying the removal as bordering on frivolous.

Comey had led high-profile prosecutions in Manhattan, including cases against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her father, James Comey, is currently under federal indictment for allegedly threatening Trump’s life via an Instagram post. His attorneys are seeking to have that case dismissed, following a previous indictment that was dropped.

The Department of Justice stated it disagrees with the decision and will appeal in due course. The White House referred to a post by the DOJ’s Rapid Response account on X, which argued the ruling obstructs the president’s constitutional authority. The agency said it intends to appeal after Furman issues a final judgment.

Furman reserved judgment on Comey’s First Amendment claim. She must file arguments by November 9 explaining why that claim should not be dismissed as moot given the favorable ruling on other grounds. The case is being heard in U.S. District Court in Manhattan.