Judge rules Trump DOJ unlawfully fired Epstein prosecutor Maurene Comey

Summarised from 6 outlets · 7 reports · Updated 26 Oct, 16:50 · Archive

A federal judge ruled that the Trump administration unlawfully fired Maurene Comey, daughter of former FBI director James Comey, from her post as a federal prosecutor in New York.

A federal judge ruled on Monday that the Trump administration's firing of Maurene Comey from her position as a federal prosecutor in New York was unlawful. Judge Jesse Furman issued a 55-page decision ordering her retroactive reinstatement to her role as assistant US attorney for the Southern District of New York and directing the Justice Department to provide her with backpay from her dismissal in July 2025 through December 20, when she accepted a different job.

Comey served as a federal prosecutor in Manhattan for a decade, handling some of the nation's highest-profile criminal cases. She received 'the highest accolades from supervisors and peers alike', according to court documents. Her prosecutions included cases against Jeffrey Epstein, his accomplice Ghislaine Maxwell and hip-hop figure Sean 'Diddy' Combs.

After her firing, Comey sued the Justice Department and others, claiming her termination violated the constitutional separation of powers, the First Amendment and the due process protections of the Fifth Amendment. She asserted that she was fired either because she is the daughter of James Comey, former FBI director and a longtime target of criticism from President Trump, or because of her perceived political affiliation and beliefs.

The Trump administration had argued that federal prosecutors exercise the president's 'conclusive and preclusive' powers and could therefore be dismissed at will without cause. The government also contended that Article II of the Constitution grants the president unrestricted removal power and that Congress cannot limit the removal of federal prosecutors.

Judge Furman rejected these arguments. He ruled that Comey's firing violated the Civil Service Reform Act, a landmark law enacted in 1978 that provides protections for federal workers. Furman wrote that the government's position 'flies in the face of nearly two centuries of Supreme Court precedent' and that accepting it 'would be to unsettle the very equilibrium established by this Nation's constitutional system'.

The judge also noted that the Trump administration had conceded that it violated the limits Congress imposed on the attorney general's removal power. He concluded that the government's arguments attempted to 'overturn nearly two decades of Supreme Court precedent' and stated: 'This Court, however, is bound to follow the Supreme Court's precedents unless and until the Supreme Court overturns them.'

Furman found the firing violated the separation of powers, the Administrative Procedure Act and Comey's Fifth Amendment due process and statutory rights. On Comey's First Amendment claim, the judge reserved judgment pending further arguments from both sides.

Comey's case is one of several lawsuits filed by former government employees who were dismissed by President Trump, testing the limits of presidential power to fire federal officials. The Trump administration is likely to appeal Furman's ruling, particularly following the Supreme Court's June decision that expanded the president's ability to fire federal officials at will. Separately, Comey's father, James Comey, is awaiting trial in North Carolina on federal charges of threatening to kill the president, charges he contends result from selective and vindictive prosecution. His arraignment is scheduled for January 2027.

How it is being reported

• Trump 'illegally' fired James Comey's daughter Maurene who led Epstein and Diddy prosecutions, judge finds in bombshell rulingComey was abruptly fired last year after roughly a decade at DOJ, where she oversaw some of the nation's most high-profile prosecutions - including against Jeffrey Epstein and Sean 'Diddy' Combs.Daily Mail · 26 Oct, 16:56
• Trump's DOJ illegally fired ex-FBI director's daughter Maurene Comey, judge rulesThe judge granted Comey retroactive reinstatement and back pay from the date of her firing through Dec. 20Independent World · 26 Oct, 16:54
• Maurene Comey was illegally fired as federal prosecutor, judge rulesDaughter of ex-FBI director James Comey, a Trump foe, was dismissed in 2025 despite her work being widely praised Maurene Comey, the daughter of the former FBI director James Comey, was unlawfully fired from her job as a federal prosecutor in New York last year, a federal judge ruled on Monday. Judge Jesse Furman said that Comey, who was an assistant US attorney for a decade, was illegally fired in July 2025 despite her work on some of the nation’s highest-profile cases and consistently receiving “the highest accolades from supervisors and peers alike”. Continue reading...Guardian World · 26 Oct, 16:31
• Maurene Comey, daughter of ex-FBI director, unlawfully fired as Manhattan prosecutor by Trump DOJ, judge rulesA federal judge ordered the Trump administration to reinstate Maurene Comey, daughter of former FBI honcho James Comey, after determining that her firing last year was unlawful.New York Post · 26 Oct, 16:26
• Judge declares Maurene Comey's firing illegal and tears into Trump adminThe judge found she was illegally fired despite working on some of the nation's highest-profile cases and consistently receiving ‘the highest accolades’Independent World · 26 Oct, 16:21
• Maurene Comey, James Comey's daughter, was unlawfully fired, judge rulesMaurene Comey was abruptly fired in July 2025 from her job as a federal prosecutor in the Southern District of New York. She sued the DOJ over her firing, claiming it was unlawful.CBS News · 26 Oct, 16:03
• Trump DOJ unlawfully fired Epstein prosecutor Maurene Comey, judge rulesThe judge ordered that Comey, the daughter of ex-FBI director James Comey, be retroactively reinstated to her job as an assistant United States attorney.CNBC · 26 Oct, 15:28

In this story: Maurene Comey · James Comey · Jesse Furman · Donald Trump · Jeffrey Epstein · Ghislaine Maxwell · Sean Combs · Department of Justice

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