Judge Furman Orders DOJ to Pay $157,000 to Prosecutor Maurene Comey
Federal court finds the 2025 termination of the Epstein prosecutor violated civil service rules, granting retroactive reinstatement and back wages.
By Beatriz Soto ·
A federal judge ruled Monday that the Department of Justice terminated New York federal prosecutor Maurene Comey without cause, ordering the agency to pay her $157,000 in back wages. Judge Jesse Furman granted Comey retroactive reinstatement as an assistant U.S. Attorney for the Southern District of New York from her firing on July 16, 2025, through December 20, 2025.
The ruling rejects the department's claim that the attorney general held unlimited authority to dismiss her. Furman found that Comey, who worked on high-profile cases including the prosecutions of Jeffrey Epstein and Sean Combs, was removed despite receiving excellent performance reviews. Her supervisors described her work as among the finest in the country, yet the DOJ admitted her termination was not based on her performance.
Furman determined the government failed to follow the procedural requirements of the Civil Service Reform Act. The law mandates advance written notice, a reasonable time to respond, and representation before a final decision. The judge noted the DOJ conceded Comey was not afforded these protections. He called the argument that an implicit determination of cause existed "bordering on frivolous."
Comey's lawsuit argued her firing stemmed from President Donald Trump's history with her father, former FBI Director James Comey. The suit stated the DOJ offered no legitimate explanation for the termination. While Furman referenced the claim of political animus, his decision relied on statutory violations regarding due process. The judge reserved judgment on her First Amendment claim, giving her until November 9 to file arguments on whether it remains moot.
The Department of Justice stated it disagrees with the decision and will appeal in due course. A White House spokesperson pointed to a post by the DOJ's Rapid Response account on X, which argued the ruling obstructs the president's constitutional authority. The department's appeal will occur after Furman issues a final judgment in the case.
James Comey is currently under federal indictment accusing him of threatening Trump's life via social media posts. His attorneys are seeking to have that case dismissed. Maurene Comey's lawyers described the ruling as a victory for civil servants and the rule of law, stating the decision reaffirms that the president is not above the law.
