A federal judge ruled on October 26, 2026, that the Trump administration unlawfully fired former Manhattan federal prosecutor Maurene Comey, rejecting the Justice Department's argument that presidential authority permits the removal of career prosecutors without complying with federal civil-service protections.
In a 55-page decision, U.S. District Judge Jesse M. Furman of the Southern District of New York found that Comey's July 16, 2025, dismissal violated federal law and constitutional protections. The ruling addresses an important question about executive power: whether the administration can bypass statutory employment safeguards when dismissing federal prosecutors who exercise executive authority.
Comey, the daughter of former FBI Director James Comey, had served as an assistant U.S. attorney for nearly a decade. Her work included major prosecutions involving Jeffrey Epstein, Ghislaine Maxwell, Sean "Diddy" Combs and former Senator Robert Menendez.
The court ordered retroactive reinstatement and back pay covering the period from her dismissal through December 20, 2025. However, it did not resolve her allegation that political retaliation motivated the firing. The Justice Department disagreed with the decision and said it intends to appeal.
Why the Judge Found Maurene Comey's Firing Unlawful
The central issue was not simply whether the attorney general possesses authority to remove an assistant U.S. attorney. Federal law expressly grants that power under 28 U.S.C. § 542(b). The dispute concerned whether exercising that authority must comply with separate employment protections established by Congress.
Under the Civil Service Reform Act, covered federal employees may generally be removed only for reasons promoting the efficiency of the service and must receive specified procedural protections. Those protections include advance written notice, an opportunity to respond and a written decision explaining the action.
Comey received an email on July 16, 2025, terminating her employment effective immediately. The notice invoked Article II of the Constitution and federal law but did not identify a performance-related reason or provide the procedures required for her removal.
In its October 26 opinion and order, the court explained that the attorney general's statutory removal power operates alongside the Civil Service Reform Act's restrictions.
The Justice Department argued that because federal prosecutors exercise executive authority, constitutional separation-of-powers principles prevent Congress from restricting their removal. The administration relied partly on recent Supreme Court decisions concerning presidential control over executive officials.
Furman rejected that argument. His reasoning distinguished assistant U.S. attorneys, whom the court treated as inferior officers under the Constitution, from principal officers whose removal may present different constitutional questions.
The judge concluded that longstanding Supreme Court precedent generally permits Congress to regulate the removal of inferior officers who remain accountable through a chain of supervision ultimately reaching a principal officer removable by the president.
The decision therefore did not eliminate the attorney general's power to dismiss federal prosecutors. Instead, it held that the government must exercise that power within the applicable legal framework.
What the Ruling Means for Comey's Job and Back Pay
The court granted Comey retroactive reinstatement and back pay from July 16 through December 20, 2025. The remedy recognizes the employment period affected by the unlawful dismissal and is intended to address the resulting employment and benefit consequences.
December 20 is significant because the court inferred that Comey had accepted another position by that date. The opinion indicates that she continues to hold that job.
Retroactive reinstatement should not be confused with an order requiring Comey to physically return to her former office. In this case, the remedy principally addresses her employment status and financial entitlements for the specified period.
The judge also granted declaratory relief finding violations involving the constitutional separation of powers, the Administrative Procedure Act, Fifth Amendment due process protections and federal employment law.
The precise amount of compensation has not been established in the ruling. Questions concerning the calculation of monetary relief and any further financial awards remain separate from the court's determination that the dismissal was unlawful.
As the Associated Press reported, the ruling represents a significant legal victory for Comey while leaving other aspects of the litigation unresolved.
Did the Court Find That Comey Was Fired for Political Reasons?
No. Although the judge ruled that Comey's removal was unlawful, the decision did not establish that the Trump administration dismissed her in retaliation for her father's relationship with the president or because of her perceived political beliefs.
Comey's lawsuit alleges that she was fired solely or substantially because she is the daughter of James Comey, who became a prominent critic of President Donald Trump after Trump dismissed him as FBI director in 2017, or because of her perceived political affiliation and beliefs.
Those allegations form an important part of the case's political background, but they are distinct from the legal violations established by the October 26 ruling.
The court's decision rested primarily on the absence of statutory authorization for the manner of dismissal and the government's failure to observe applicable civil-service protections. Establishing those violations did not require the judge to determine the administration's underlying political motives.
The government maintained that the removal was lawful under the attorney general's statutory authority and the president's constitutional executive power. The court rejected those legal defenses without making a final determination on Comey's First Amendment retaliation claim.
Judge Furman reserved judgment on that remaining claim and requested additional written arguments addressing whether it should proceed.
This distinction matters because a finding of unlawful termination is not automatically equivalent to a finding of political discrimination or retaliation. Each claim involves its own legal elements and evidentiary requirements.
Why the Decision Matters for Federal Prosecutors
The ruling has implications beyond one prosecutor's employment dispute because it addresses how presidential executive authority interacts with statutory protections for career federal officials.
Assistant U.S. attorneys represent the federal government in criminal and civil proceedings. Their responsibilities involve exercising executive authority, but they also work within a legal system designed to maintain continuity and professional standards across presidential administrations.
The Civil Service Reform Act reflects Congress's decision to protect covered federal employees against certain arbitrary personnel actions while preserving the government's ability to address legitimate performance and disciplinary concerns.
The Trump administration argued that these restrictions cannot constitutionally limit the removal of federal prosecutors. Furman's decision instead recognized that Congress retains authority to establish removal conditions for certain inferior officers.
That distinction is particularly important in debates about presidential control of federal agencies. Questions about the removal of principal officers and independent-agency officials do not necessarily produce the same answers as questions about protected career prosecutors.
NewsFusion365 previously examined the broader constitutional debate in its coverage of presidential removal authority and a Supreme Court dispute involving the Federal Trade Commission. Although the cases raise related separation-of-powers questions, their statutory frameworks and the constitutional status of the officials involved differ.
Furman's ruling directly resolves central claims in Comey's lawsuit at the district court level. It does not automatically invalidate every executive-branch dismissal or establish that all federal employees possess identical protections.
Its broader significance lies in the court's rejection of the proposition that invoking Article II alone can displace applicable congressional restrictions on removing a covered assistant U.S. attorney.
What Happens Next in Maurene Comey's Case?
The Justice Department has publicly stated that it disagrees with the October 26 decision and intends to appeal. An announced intention to appeal, however, is different from a filed appeal, and the available reporting does not establish that appellate review has begun.
The district court also has not finished addressing every claim. In particular, Furman ordered Comey to submit a memorandum by November 9, 2026, explaining why her remaining First Amendment claim should not be dismissed. The government may respond within one week of that submission.
Because the court has reserved judgment on that claim, the October 26 decision should not be described as the final disposition of the entire lawsuit.
Further developments could affect the procedural status of the case, including additional district court rulings, a potential appeal, requests for a stay or disputes over the implementation of financial relief.
For now, the established result is substantial but specific: a federal district judge has ruled that the Justice Department unlawfully dismissed a protected career prosecutor and that the administration's asserted constitutional removal authority did not excuse its failure to follow federal law. Whether that reasoning survives appellate review, and how the unresolved claims are ultimately handled, remain questions for subsequent proceedings.
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