Judge Furman rules Trump DOJ illegally fired prosecutor Maurene Comey

Key points

• U.S. District Judge Jesse Furman ruled that the firing of Maurene Comey, a federal prosecutor in the Southern District of New York, was unlawful and violated her constitutional right to due process.
• The court ordered the Justice Department to provide back pay from July 2025 to December 2025 and to reinstate Comey as a prosecutor if she chooses to return.
• Furman criticized the administration for inventing a new theory of executive power that contradicts nearly two centuries of Supreme Court precedent regarding the removal of line prosecutors.
• The Justice Department stated it disagrees with the ruling and intends to appeal, noting that the decision is not yet final.
• Judge Furman has not yet ruled on Comey's First Amendment claim that she was fired for politically protected speech, with further briefings scheduled.

Background

Maurene Comey served as a federal prosecutor for approximately a decade, handling high-profile cases involving Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her father, James Comey, is a prominent critic of President Trump and faces pending federal charges related to a social media post. This ruling follows earlier legal battles where the DOJ argued that Article II of the Constitution allows the president to remove junior prosecutors at will, a stance Furman rejected in his October 2026 decision.

How outlets are covering it

NPR and The Washington Post emphasized the constitutional implications, with Furman stating the DOJ's defense flies in the face of established precedent. BBC highlighted the specific back pay order and the DOJ's intent to appeal. ABC News focused on the violation of civil service rules. All sources agree on the ruling's core outcome but differ in emphasis: NPR and WaPo focus on the legal precedent and executive overreach, while BBC and ABC focus on the practical consequences for Comey and the administration's response.

Why it matters

The ruling reinforces that federal prosecutors are protected by civil service rules and cannot be dismissed at will without cause, limiting executive power. It adds to growing concerns about politically motivated dismissals within the DOJ under the Trump administration and sets a precedent for other civil servants challenging their terminations.

What to watch

The Justice Department is expected to file an appeal of the decision. Judge Furman will hear further briefings on Maurene Comey's First Amendment claim regarding politically protected speech. Comey may choose to return to her position as a federal prosecutor in the Southern District of New York.