Judge rules Justice Department unlawfully fired prosecutor Maurene Comey, daughter of former FBI director

Judge finds the firing unlawful

A federal judge in Manhattan ruled on Monday, 26 October 2026, that the Justice Department unlawfully fired Maurene Comey, a former federal prosecutor and the daughter of former FBI director James Comey. In a 55-page ruling, US District Judge Jesse M. Furman found that the department had violated the separation of powers, federal administrative law and Comey's due process rights when it removed her in July 2025. The decision also entitles her to back pay through December 2025. James Comey was dismissed as FBI director during Trump's first administration and is now the target of accusations from the Justice Department.

A prosecutor on high-profile cases

Comey worked for the US attorney's office in Manhattan and was dismissed on 15 July 2025, when she was leading charging work in some of the country's most prominent cases. Those included matters involving Jeffrey Epstein, Ghislaine Maxwell and Sean Combs. Furman noted that her supervisors and colleagues consistently gave her top marks throughout her tenure as an assistant US attorney, which lasted about a decade. Comey had said that the only plausible reason for her firing was her father's role as FBI director, or her perceived political affiliation and beliefs, and the judge recorded both claims.

The government's argument and the judge's reasoning

The Justice Department argued that federal prosecutors wield the president's powers in a conclusive and preclusive manner, which would allow them to be removed at will. Furman rejected that position. He also rejected the government's claim that Congress is barred from regulating the removal of federal prosecutors, writing that the claim conflicts with close to two centuries of Supreme Court precedent. In his ruling, Furman put the core point directly.

“The Court concludes the Defendants are wrong.”

The judge went further in explaining the stakes of the government's position for the constitutional order.

“Indeed, to accept Defendants' argument would be to unsettle the very equilibrium established by this Nation's constitutional system.”

Next steps and open questions

Comey sued the Justice Department and other defendants after her firing, arguing that it breached the separation of powers, the First Amendment and the Due Process Clause of the Fifth Amendment. She has contended that neither the president nor the attorney general could dismiss rank-and-file prosecutors who are protected by civil service law. The outcome could also open a route for other dismissed government workers who are pursuing appeals of their own firings. The Justice Department did not immediately respond to an email seeking comment on the ruling.