Judge: DOJ owes prosecutor $157,000 after botched firing

Judge Jesse Furman ruled on Monday that the Department of Justice unlawfully fired Maurene Comey, a federal prosecutor for the Southern District of New York. The judge ordered the department to pay her back wages for the time she was out of employment. Comey was terminated on July 16, 2025. The court calculated her back pay through December 20, 2025, the date the judge inferred she accepted another job. The total amount ordered was approximately $157,000.

The ruling grants Comey retroactive reinstatement as an assistant U.S. attorney. Furman rejected the department's primary argument that the attorney general had the authority to dismiss a federal prosecutor without cause. The judge also rejected the claim that current Attorney General Todd Blanche could ratify the firing after the fact. Blanche had acted as attorney general in May when he approved the termination. The case is being heard in U.S. District Court in Manhattan.

Comey worked on several high-profile cases before her dismissal. These included prosecutions against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her lawsuit argued that her firing violated federal law and the Constitution. The suit claimed the decision stemmed from President Donald Trump's long-standing disagreement with her father, former FBI Director James Comey. James Comey is currently under federal indictment for allegedly threatening Trump's life via an Instagram post. His attorneys are seeking to have that case dismissed. He had previously had another indictment against him dismissed.

The judge noted that Comey received excellent performance reviews before her termination. Supervisors described her as a brilliant lawyer and a gifted supervisor. Furman wrote that the department admitted her firing was not based on performance. The judge found that the department failed to follow required procedures under the Civil Service Reform Act. Comey was not given advance written notice or a reasonable time to respond. The judge stated that the department's legal arguments regarding executive power ignored these specific procedural protections.

The Department of Justice said it would appeal the decision. The department stated it disagrees with the ruling and believes it obstructs the president's authority to fire individuals who wield executive power. The appeal will take place after Furman issues a final judgment in the case. The judge reserved judgment on Comey's claim that her firing violated her First Amendment rights. She has until November 9 to file arguments on why that claim should not be dismissed as moot.

Comey's lawyers called the decision a victory for civil servants and the rule of law. They stated that accepting the government's argument about unlimited executive power would unsettle the constitutional system. Comey wrote a note to colleagues after her initial firing. She warned that if a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain. She urged her colleagues to use the moment to fuel a commitment to seek justice for victims.