A federal judge ruled Monday that the Trump administration violated the Constitution when it fired prosecutor Maurene Comey, daughter of former FBI Director James Comey, ordering her reinstated with back pay in a decision that challenges the president’s power to remove federal employees at will.
U.S. District Judge Jesse Furman granted Comey’s request for retroactive reinstatement, finding her summer 2025 termination “flies in the face of nearly two centuries of Supreme Court precedent.” The 55-page ruling directly rejects the administration’s claim of unrestricted executive removal authority.
Constitutional Separation of Powers at Issue
Furman, appointed by President Obama to the Southern District of New York, wrote that accepting the government’s argument “would be to unsettle the very equilibrium established by this nation’s constitutional system.” The ruling comes as the second Trump administration has broadly asserted executive power to remove federal officials without cause.
Maurene Comey, a veteran federal prosecutor who handled major cases in Manhattan, sued in September 2025 claiming political retaliation. Her father famously clashed with President Trump during his first term before being fired as FBI director in 2017.
What Happens Next
The ruling orders the Department of Justice to reinstate Comey and compensate her for lost wages. The decision sets up a potential appeal that could reach higher courts, with implications for how broadly presidents can fire federal prosecutors and other officials protected by civil service rules.
The administration has embraced what it calls Schedule F authority to reclassify and remove thousands of federal workers. Furman’s decision suggests courts may impose limits on that power, particularly for positions with prosecutorial independence.
The case tests whether political loyalty can trump statutory protections designed to insulate certain government functions from partisan interference. Federal prosecutors have traditionally operated with independence from direct presidential control, a principle the ruling reinforces.
Key Points
- Judge ruled Maurene Comey’s 2025 firing violated separation of powers, ordered reinstatement with back pay
- Obama-appointed judge rejected Trump administration’s claim of unrestricted executive removal authority
- Decision challenges broader effort to fire thousands of federal workers under Schedule F reclassification
https://www.courthousenews.com/judge-finds-maurene-comey-was-unlawfully-fired-by-trumps-doj/ – October 26, 2026
