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Judge rules Justice Department illegally fired prosecutor Maurene Comey

A federal judge ordered back pay and retroactive reinstatement after finding that the Justice Department unlawfully dismissed the former Manhattan prosecutor. The department says it will appeal.

The Robert F. Kennedy Department of Justice Building beside a road.
File photograph of the Robert F. Kennedy Department of Justice Building, 2015. VOA, US Department of Justice building with road (resized and converted to WebP). Public domain.Image sourceImage licence: Public domain
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A federal judge ruled on 26 October 2026 that the US Justice Department illegally fired Maurene Comey, a former federal prosecutor in Manhattan and daughter of former FBI director James Comey. Judge Jesse Furman ordered back pay and retroactive reinstatement for a specified period, a remedy for her July 2025 dismissal. The department says it will appeal.

What the ruling orders for Maurene Comey

Furman awarded Comey back pay from her firing on 16 July 2025 through December, when she accepted another job, Reuters and BBC News reported. Reuters described the reinstatement as retroactive for that same period. The specified remedy addresses the months between her dismissal and new employment.

The judge said the attorney general has authority to fire federal prosecutors, but only in a particular manner and for certain reasons, according to BBC News. He found that Comey’s dismissal violated the Constitution and her right to a fair legal process. Reuters reported that Furman said the administration exceeded its authority when it fired an officer in her position without cause.

The Justice Department disagrees with the ruling and ‘will appeal in due course,’ a spokesperson said, according to BBC News. The department argued in court filings that former Attorney General Pam Bondi made the decision to fire Comey, the BBC reported. Reuters said the administration had defended a broad presidential power to dismiss federal employees without cause.

Why Comey challenged her dismissal

Comey sued the government after losing her job, arguing that she had been dismissed because she is James Comey’s daughter, because of her perceived political affiliation and beliefs, or both. That account of the motive is her allegation. In a complaint filed in September 2025, her lawyers said they believed those factors were the sole or substantial reason for the firing, BBC News reported.

James Comey led the FBI from 2013 to 2017 and was fired during Donald Trump’s first term as president. He has since become a prominent critic of Trump, Reuters reported. Maurene Comey had served as an assistant US attorney in Manhattan since 2015, giving her a decade in the Justice Department before her dismissal.

Comey’s lawyers called the decision a victory for their client, civil servants and the rule of law, according to BBC News. Their response followed a ruling focused on the legal limits of the government’s power to remove a federal prosecutor; the department’s stated next step is an appeal.

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