Judge Orders Back Pay for Maurene Comey After Ruling DOJ Firing Illegal

Judge Jesse Furman ordered the Justice Department to pay back wages to Maurene Comey on Monday, ruling that her termination from the Southern District of New York was unlawful. The decision rejects the administration's assertion that the attorney general possesses unrestricted removal power under Article II of the Constitution.

Furman, an Obama appointee serving in a New York federal court, determined that federal law limits the power to fire assistant U.S. attorneys. He applied the Civil Service Reform Act, which generally requires agencies to demonstrate cause for termination and provide procedural protections to employees.

The Justice Department conceded in court filings that the firing was not based on poor performance or misconduct. Nevertheless, officials argued that the attorney general’s authority under Article II superseded statutory requirements. Furman rejected this view, stating that the argument contradicts nearly two centuries of Supreme Court precedent.

In his written opinion, the judge warned that accepting the government's position would destabilize the constitutional equilibrium. He noted that the department failed to provide Comey with advance notice or an opportunity to respond before terminating her employment.

Furman ordered Comey retroactively reinstated and awarded back pay through December 20, 2025. That date marks when she accepted another position. The judge’s ruling directly addresses the procedural deficiencies in the dismissal process.

Comey served approximately ten years in the Manhattan U.S. attorney’s office. Her caseload included the prosecution of Ghislaine Maxwell and the sex trafficking trial of Sean Combs. The office is known for handling high-profile federal investigations.

This is the second time a member of the Comey family has been dismissed under the Trump administration. James Comey, Maurene’s father, was fired as FBI director in 2017 during the Russia collusion investigation. The elder Comey later drew attention for posting a photo of seashells arranged to spell out the numbers 86 and 47.

The Justice Department disagrees with the outcome. A spokesperson told Fox News Digital that the department intends to appeal the decision in due course. The appeal will test whether the statutory protections of the Civil Service Reform Act override the executive branch's removal claims.

Furman’s legal background includes service as a federal prosecutor in the same Manhattan office where both Comeys worked. He was nominated to the bench in 2011. His brother, Jason Furman, served as chairman of the Council of Economic Advisers during the Obama administration.

Maurene Comey’s attorneys described the victory as hard earned for civil servants. They cited the court’s holding that unlimited executive power would unsettle the nation’s system of checks and balances. The statement emphasized that the president is not above the law.