Judge Rules Maurene Comey’s Firing Unlawful

US District Judge Jesse M. Furman ruled on Oct. 26, 2026, that the Justice Department unlawfully fired Maurene Comey in July 2025 as an assistant US attorney for the Southern District of New York. She had served a decade and prosecuted cases involving Ghislaine Maxwell and Sean Combs. Furman ruled on the pleadings ahead of trial and ordered reinstatement and back pay, rejecting the claim that prosecutors exercise the president's conclusive and preclusive Article II powers and can be removed without cause. Furman wrote that the Court concludes the Defendants are wrong, that the argument flies in the face of nearly two centuries of Supreme Court precedent, and that accepting it would unsettle the very equilibrium established by this Nation's constitutional system. He noted she received the highest accolades from supervisors and peers alike. Comey had sued alleging separation-of-powers, First Amendment, and Fifth Amendment due-process violations and claimed she was fired as James Comey's daughter or over perceived political views. James Comey was fired as FBI director by Trump in May 2017 amid the Russia investigation. CONTESTED: no contested claims found. DOJ did not immediately respond to requests for comment on a possible appeal.