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S.D.N.Y.Court order

Judge rules Justice Department unlawfully fired prosecutor Maurene Comey

U.S. District Judge Jesse Furman ruled on October 26, 2026, that the Justice Department illegally fired Maurene Comey, a federal prosecutor in Manhattan and the daughter of former FBI Director James Comey, because the firing violated civil service protections and her due process rights. He rejected the government's argument that presidential removal power covered the firing and said Comey is entitled to reinstatement and back pay. The department said it would appeal.

Order (Bloomberg Law) → · NPR

Key points

  • Furman held that Comey's July 2025 termination violated civil service protections covering federal workers at her level.Bloomberg Law
  • He rejected the argument that the firing fell within the president's broad authority to remove executive branch officials.Bloomberg Law
  • Furman wrote that the department invented a new and expansive theory of executive power and violated her due process rights.NPR
  • Comey is entitled to reinstatement and back pay dating to her firing.Bloomberg LawNPR
  • The ruling is not final: her First Amendment claim awaits further briefing, and the department said it will appeal.NPR

Sources2 articles across 2 outlets

Filed under

Court orderU.S.N.Y.Civil Service Reform Act of 1978S.D.N.Y.AdministrativeCivil rightsEmploymentFor practitioners