Judge orders DOJ to reinstate Maurene Comey with back pay

A federal judge has ordered the Department of Justice to retroactively reinstate Maurene Comey and pay her back wages, determining that her termination in July 2025 was unlawful. Judge Jesse Furman issued the ruling on Monday in U.S. District Court in Manhattan, granting relief to the daughter of former FBI Director James Comey. The order requires the department to compensate her as an assistant U.S. Attorney for the Southern District of New York from the date of her firing on July 16, 2025, through December 20, 2025.

Furman rejected the department's central argument that the attorney general possessed the authority to dismiss a career prosecutor without cause. The judge found that the Civil Service Reform Act required specific procedural steps before removal, including advance written notice, a reasonable time to respond, and a written decision detailing the reasons for termination. The DOJ admitted that Comey did not receive these protections. Furman described the government's statutory argument as bordering on frivolous, noting that the department all but conceded that the firing was not based on performance.

The ruling contrasts with the performance of the fired prosecutor, whose supervisors and peers had consistently praised her work. Furman cited internal descriptions of Comey as a brilliant lawyer and a gifted supervisor. The judge noted that the DOJ acknowledged her termination was not for cause. Comey had previously handled high-profile prosecutions, including those against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her lawsuit argued that her firing stemmed from President Donald Trump’s animus toward her father, whom the president fired as FBI director in 2017.

The department stated it disagrees with the decision and will appeal once Furman issues a final judgment. The White House pointed to a post on the DOJ's X account, which claimed the ruling obstructs the president's constitutional authority. Comey's lawyers called the outcome a victory for the rule of law, stating that the decision reaffirms the system of checks and balances. Furman reserved judgment on Comey’s First Amendment claim, giving her until November 9 to argue why that issue should not be dismissed as moot.

James Comey is currently under federal indictment for allegedly threatening the president’s life through an Instagram post. His attorneys are seeking to have that case tossed out, following the dismissal of a previous indictment against him under the current administration. Maurene Comey wrote to colleagues after her initial firing that fear could seep into the decisions of those who remain if a career prosecutor can be dismissed without reason. She urged her peers to let the moment fuel a commitment to seek justice for victims.