A federal judge ruled on Monday, October 26, 2026, that the Trump administration's July 2025 firing of federal prosecutor Maurene Comey was unlawful. Comey, who served as an assistant U.S. attorney for a decade, filed a lawsuit alleging she was terminated because of her father, former FBI director James Comey, which she argued violated federal laws protecting civil servants from political dismissal.
The Justice Department argued in court that federal prosecutors are subject to removal without cause because they exercise a high degree of executive authority. However, U.S. District Judge Jesse Furman rejected this claim, writing that centuries of legal precedent affirm the authority of Congress to limit the executive branch's power to remove "inferior officers." The judge ordered that Comey be retroactively reinstated through December 2025 to allow her to receive back pay and qualify for retirement benefits.
Maurene Comey's tenure at the Manhattan U.S. Attorney's office began in 2015. During her career, she prosecuted high-profile criminal cases, including those involving Jeffrey Epstein associate Ghislaine Maxwell and music mogul Sean "Diddy" Combs. NBC News reported that Comey was among several career employees involved in cases against Donald Trump or January 6 defendants who were dismissed by the administration.
The ruling sets a legal precedent regarding the limits of executive branch authority over the Justice Department. Judge Furman noted that allowing the administration's argument would "unsettle the very equilibrium" of the U.S. constitutional system. If upheld, the decision prevents the executive branch from unilaterally removing career prosecutors who represent the government in court, ensuring that personnel matters remain subject to existing federal regulations and congressional oversight.
What happens next: The Justice Department stated it intends to appeal the decision "in due course," though a spokesperson noted the department disagrees with the ruling. Judge Furman has not yet ruled on one remaining claim in Comey's lawsuit, which currently prevents the department from filing its appeal. Comey, who joined the law firm Patterson Belknap Webb & Tyler as a partner in February 2026, remains at her private practice while the litigation continues. In a separate legal matter, the Justice Department's case against her father, James Comey, regarding an Instagram photo of seashells remains pending.