157 days: Judge orders DOJ to pay Maurene Comey for time fired

$157,000. That is the amount of back pay a federal judge ordered the Department of Justice to pay to Maurene Comey, a former assistant U.S. Attorney in the Southern District of New York. Judge Jesse Furman issued the ruling on Monday, determining that Comey's termination in 2025 was unlawful. The award covers the period from her firing on July 16, 2025, through December 20, 2025, when the court inferred she accepted other employment.

The decision grants Comey retroactive reinstatement to her position. Furman rejected the department's contention that the attorney general possessed the authority to dismiss a federal prosecutor without cause. He specifically ruled against arguments made by then-Attorney General Pam Bondi and current Attorney General Todd Blanche. The judge noted that the DOJ conceded the termination was not based on performance. Comey's supervisors had previously described her work as "among the finest in the country." They cited her "judgment, work product, and courtroom advocacy" as evidence of her standing in the office.

Maurene Comey is the daughter of former FBI Director James Comey. Her lawsuit argued that her dismissal stemmed from President Donald Trump's longstanding animosity toward her father, whom the president removed as FBI director in 2017. The suit stated that the DOJ provided "no legitimate explanation" for her removal. Instead, the document claimed she was fired because of her father or her perceived political beliefs. Furman referenced these claims but based his final decision on procedural grounds under the Civil Service Reform Act.

The judge found that the DOJ failed to follow required procedures for removing a career prosecutor. Comey was not given advance written notice, a reasonable time to respond, or a written decision detailing specific reasons for her termination. Furman described the department's statutory argument as bordering on "frivolous." He added that the executive branch's reliance on Article II of the Constitution to justify the firing sought to overturn nearly two centuries of Supreme Court precedent.

Before her departure, Comey worked on high-profile cases involving Jeffrey Epstein, Ghislaine Maxwell, and Sean "Diddy" Combs. Her father, James Comey, is currently under federal indictment for allegedly threatening Trump's life via an Instagram post. His attorneys are seeking to dismiss that case. He previously had another federal indictment against him dismissed under the current administration.

Comey's lawyers called the ruling a victory for civil servants and the rule of law. They stated that the decision reaffirms that the president is not above the law. The DOJ said it would appeal the decision in due course. The White House pointed to a social media post from the DOJ's Rapid Response account, which argued the ruling obstructs presidential authority. Furman reserved judgment on Comey's First Amendment claims. He gave her until November 9 to file arguments on whether that claim remains moot given his order on other grounds.

In a note to colleagues after her firing, Comey wrote that fear could seep into the decisions of remaining prosecutors. She urged them to let the moment fuel a "fire of righteous indignation at abuses of power." The final judgment in the case will follow before any appeal proceeds.