Judge Furman Orders DOJ to Pay $157,000 to Former SDNY Prosecutor Maurene Comey

A federal judge in Manhattan ruled Monday that the Department of Justice unlawfully fired Maurene Comey, the daughter of former FBI Director James Comey.

Judge Jesse Furman determined that the department’s termination of the New York federal prosecutor on July 16, 2025, failed to meet the procedural requirements of federal law. The ruling grants Comey retroactive reinstatement as an assistant U.S. Attorney for the Southern District of New York.

Furman ordered the DOJ to pay back wages from the date of her firing through December 20, 2025. The judge inferred that Comey accepted another job on that date, setting the end point for the financial award. The total back pay amount is approximately $157,000.

The decision rejects the department’s argument that the attorney general possesses the authority to dismiss a federal prosecutor without cause. Furman found that the Civil Service Reform Act required Comey to receive advance written notice, a reasonable time to respond, and a written decision with specific reasons. The DOJ conceded that Comey was not afforded these procedural protections.

In his opinion, Furman noted that Comey’s supervisors and peers consistently praised her work. He quoted internal assessments describing her as a "brilliant lawyer" and an "outstanding AUSA in every respect." The judge observed that the DOJ admitted her termination was not based on performance or formal cause.

Furman also criticized the DOJ’s reliance on Article II of the Constitution to justify the firing. He stated that this argument sought to overturn nearly two centuries of Supreme Court precedent. The judge said the department’s second statutory argument "borders on frivolous" because it assumed that any firing by an attorney general automatically satisfied the efficiency standard required by law.

Comey’s attorneys stated that the victory belongs to all civil servants fighting for the rule of law. They argued that accepting the government’s claim of unlimited executive power would unsettle the constitutional system of checks and balances. The suit had alleged that the firing stemmed from President Donald Trump’s animus toward her father, whom he fired as FBI director in 2017.

The DOJ said it disagrees with the decision and will appeal in due course. An appeal would occur after Furman issues a final judgment. The judge reserved judgment on Comey’s First Amendment claim. He gave her until November 9 to file arguments on why that claim should not be dismissed as moot given his ruling on other grounds.

James Comey is currently under federal indictment for allegedly threatening Trump’s life via an Instagram post. His attorneys are seeking to have that case tossed out. Maurene Comey’s lawsuit described the lack of explanation for her termination as evidence of a lack of legitimate cause. Before her firing, she had handled high-profile prosecutions against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs.

The White House referred reporters to a post by the DOJ’s Rapid Response account on X. That account stated that the decision obstructs President Trump’s constitutional authority to fire individuals who wield executive power. The department intends to appeal the decision in due course.