Judge Rules Justice Department Unlawfully Fired Prosecutor Maurene Comey

A federal judge ruled on October 26, 2026, that the Justice Department unlawfully fired Maurene Comey, a former federal prosecutor in Manhattan. NPR reported that U.S. District Judge Jesse M. Furman found the department violated Comey's constitutional right to due process.

Comey is the daughter of James Comey, the former FBI director. She served as an assistant U.S. attorney for around a decade in the U.S. Attorney's Office for the Southern District of New York, the federal prosecution office that covers Manhattan. Her work included cases against Sean Combs, Jeffrey Epstein and Ghislaine Maxwell. The Trump Justice Department fired her in July 2025.

Comey sued the department, arguing that her dismissal was unlawful and unconstitutional. She alleged that she was fired because her father is a former FBI director and a prominent critic of President Trump.

Furman's ruling calls for Comey to receive back pay going back to her firing. The Hill reported that the ruling also orders her pension benefits restored. The judge's order allows Comey to return to the Southern District of New York as a prosecutor if she chooses to do so.

The Justice Department said it disagreed with the ruling and would appeal.

The case is docketed in federal court as No. 1:25-cv-07625-JMF. The written decision, filed as Document 96 and dated October 26, 2026, shows that the defendants had moved to dismiss all of Comey's claims for lack of subject-matter jurisdiction, meaning a argument over whether the court has authority to hear the case. The court's opinion addressed the dismissal on the unlawful-firing claim.

Furman has not yet ruled on Comey's First Amendment claim. He plans further briefing on that claim before deciding it.