A federal judge ruled that the Department of Justice’s firing of former prosecutor Maurene Comey was unlawful on Monday.
U.S. District Judge Jesse M. Furman issued his judgment in a 55-page opinion holding that although the Attorney General has statutory authority to remove an assistant U.S. attorney, this authority is limited by the Civil Service Reform Act.
The legislation allows removal only for cause and for promoting the efficiency of the service. Those facing termination are supposed to have an opportunity to respond and provide a written defense.
JUST IN: Maurene Comey's firing by DOJ was illegal and she must be orders retroactively reinstated w back pay, a judge rules. "To accept Defendants’ argument would be to unsettle the very equilibrium established by this Nation’s constitutional system" https://t.co/LNAUuVSuji https://t.co/ltmCD1uS2m
— Kyle Cheney (@kyledcheney) October 26, 2026
Furman noted that Comey, who is the daughter of former FBI Director James Comey, was not given these opportunities before her firing.
The judge also rejected the DOJ’s argument that Article II of the U.S. Constitution prohibits Congress from restricting the removal of line prosecutors. She said accepting this contention “would be to unsettle the very equilibrium established by this Nation’s constitutional system.”
🚨REPORT🚨 The DOJ tells me they will appeal this Obama judge’s ruling. “The Department disagrees with this decision and will appeal in due course,” a DOJ spokesperson tells me. It’s important to note, the court’s order does not appear to be a final, appealable judgment because the court did not rule on Comey’s First Amendment claim, which remains pending. The court set a schedule for further briefing on that claim. An appeal can only occur when the court enters a final judgment.
— Breanna Morello (@BreannaMorello) October 26, 2026
Furman ordered the Justice Department to retroactively reinstate Comey to her position with back pay from July 16, 2025, to December 20, 2025, when she took another job. Comey did not seek to return to her former position.
Judge finds DOJ's firing of Maurene Comey, federal prosecutor in cases involving Jeffrey Epstein and Sean "Diddy" Combs, was unconstitutional. https://t.co/netybET4n6 https://t.co/iDbNmW2I5K
— CNN (@CNN) October 26, 2026
The judge did not determine whether Comey’s firing was political retaliation for her father’s feud with President Donald Trump. Instead, he said the firing was unlawful regardless of the administration’s motive.
The Justice Department indicated that it would appeal the ruling.