Judge forces DOJ to restore fired prosecutor

A federal judge ruled Monday that the Justice Department must reinstate Maurene Comey, a former assistant U.S. attorney who was fired in July 2025. U.S. District Judge Jesse Furman determined that her termination was unlawful and ordered the agency to pay her back wages from the date of her firing through December 20, 2025. That date marks when she started a new position.

Furman found that the abrupt firing violated the Constitution’s separation of powers and Comey’s Fifth Amendment due process rights. The judge wrote that the Trump administration’s claim that it could fire career prosecutors at will would disturb the balance established by the nation’s constitutional system. The ruling specifically noted that then-Attorney General Pam Bondi failed to follow statutory limits on removal power, even though the department conceded those limits existed.

Comey served nearly 10 years as a federal prosecutor in the Southern District of New York. During that time, she worked on high-profile cases involving Sean "Diddy" Combs, former Senator Bob Menendez, Jeffrey Epstein, and Ghislaine Maxwell. She filed suit in September 2025, alleging that her dismissal lacked a legitimate explanation and stemmed from President Donald Trump’s longstanding dispute with her father, former FBI Director James Comey.

Her attorneys, including Ellen Blain, Nicole Gueron, Deepa Vanamali, and Margaret Donovan, issued a joint statement praising the decision as a reaffirmation of checks and balances. They stated that the victory belongs to Comey and to all civil servants who fight for the rule of law. Comey previously told her superiors that the decision to fire her came from Washington. The Justice Department later filed in court that the removal was directed by Bondi.

The Justice Department spokesperson said the agency disagrees with the decision and will appeal. Judge Furman rejected the department’s argument that Congress lacked the authority to limit the attorney general’s power to remove employees. He described the administration’s position as a sweeping theory of executive authority that conflicts with nearly two centuries of Supreme Court precedent. He also noted that the administration had used this new theory to remove other executive branch employees who traditionally held removal protections.

The ruling comes as the administration continues a federal criminal case against James Comey over a photo of seashells. Prosecutors contend the image amounted to a threat against Trump. The case has been delayed until at least early 2027 while a judge considers whether to dismiss it. James Comey’s legal team argues the case is a product of retribution and that common sense shows the photo was not a true threat.