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Monday · Oct 26, 2026 · Politics Digest · courts

Judge rules Justice Department unlawfully fired prosecutor Maurene Comey

Furman found that the firing violated the constitutional separation of powers and Comey's due process and statutory rights, according to his opinion and reporting by AP and NBC News. He rejected the department's argument that career prosecutors can be removed at will, writing that it "flies in the face of nearly two centuries of Supreme Court precedent." Back pay runs through Dec. 20, 2025, when she started a new job, NBC News reported.

A Justice Department spokesperson said the department disagrees with the decision and will appeal. The department had said in a court filing that she was removed at the direction of then-Attorney General Pam Bondi. Comey's lawsuit alleged she was fired because of President Donald Trump's longstanding feud with her father.

Why it matters: The ruling rejects the administration's position that it can fire career prosecutors without the removal protections Congress set. The judge noted the same theory has been used to remove other executive branch employees who had long held such protections.

References

  1. Comey v. U.S. Department of Justice, Opinion and Order (S.D.N.Y.)
    U.S. District Court, S.D. New York · nysd.uscourts.gov · 2026-10-26
  2. Ex-FBI head's daughter, Maurene Comey, was illegally fired by the Trump administration, judge rules
    AP · apnews.com · 2026-10-26
  3. Judge orders DOJ to reinstate former federal prosecutor Maurene Comey, daughter of ex-FBI director
    NBC News · nbcnews.com · 2026-10-26