Judge rules Maurene Comey’s firing unlawful; Justice Department plans appeal

Judge Jesse Furman ruled that the Trump administration unlawfully dismissed federal prosecutor Maurene Comey in July 2025. He ordered back pay and retroactive reinstatement through December 20, rather than a return to her former job. The Justice Department said it would appeal.

• Furman ruled Monday that Comey’s dismissal from the Manhattan U.S. attorney’s office violated civil service protections, constitutional separation of powers, due process rights and the Administrative Procedure Act.· 1 source
• The court ordered back pay and retroactive reinstatement from her July 2025 dismissal through December 20. Comey now works in private practice and is not seeking active reinstatement.· 1 source
• The government argued that presidential authority allowed federal prosecutors to be dismissed at will. Furman rejected that argument, finding that Congress could impose protections governing their removal.· 1 source
• Comey alleged that she was fired because of her relationship to former FBI Director James Comey or assumptions about her political beliefs. Furman reserved judgment on her First Amendment claim pending further submissions.· 1 source
• The Justice Department disagreed with the ruling and said it would appeal. Its statement to the New York Post argued that the decision obstructed the president’s authority to dismiss people exercising executive power.· 1 source