Federal judge orders Justice Department to restore fired prosecutor Maurene Comey

U.S. District Judge Jesse Furman ordered the Justice Department to reinstate Maurene Comey on Monday.

The ruling declared her termination in July 2025 unlawful.

Furman found that the firing breached the Constitution’s separation of powers.

The judge also ruled that Comey was denied her Fifth Amendment due process rights.

The court awarded back pay starting from her termination date through December 20, 2025.

Comey began a new position on that date.

A Justice Department spokesperson stated the agency disagrees with the decision.

The department said it will appeal the ruling in due course.

Attorneys Ellen Blain, Nicole Gueron, Deepa Vanamali, and Margaret Donovan issued a joint statement.

They said the decision reaffirms that the President is not above the law.

The legal team added that the victory belongs to civil servants and those fighting for the rule of law.

Comey served nearly 10 years as an Assistant U.S. Attorney in the Southern District of New York before her dismissal. She prosecuted high-profile defendants including Sean Combs, Bob Menendez, Jeffrey Epstein, and Ghislaine Maxwell. Her boss told her the firing came from Washington. The Justice Department later filed a court document stating that then-Attorney General Pam Bondi directed the removal. Furman determined that Bondi did not follow statutory limits on the power to remove career prosecutors. The judge wrote that Congress imposed limits on the Attorney General’s removal power. Those limits were violated in this case. The administration argued that Bondi had the authority to fire Comey at will without cause. Furman rejected that theory as a sweeping expansion of executive power. He noted that the position conflicts with nearly two centuries of Supreme Court precedent. The judge observed that the administration has used this new theory to remove other Executive Branch employees who held long-standing removal protections. The ruling aims to clarify legal issues involved in such terminations. The administration continues a federal criminal case against James Comey, Maurene Comey’s father. That case centers on a photo of seashells that officials claim was a threat against President Donald Trump. The seashells case is delayed until at least early 2027. A judge is weighing whether to dismiss it. James Comey’s legal team argues the case is retribution rather than good-faith law enforcement. They contend that dictionaries, context, precedent, and common sense show the photo was not a true threat.