Judge orders DOJ to reinstate fired prosecutor with 10 years of back pay

U.S. District Judge Jesse Furman ordered the Justice Department to restore Maureene Comey to her position as a federal prosecutor in the Southern District of New York on Monday. The ruling also mandates that the department pay her back wages dating back to her dismissal in July 2025. Furman, a nominee of former President Barack Obama, found that the agency violated Comey’s constitutional right to due process when it removed her from her post.

The court determined that the Justice Department created a novel and broad theory of executive power to justify the firing. In the written opinion, Furman stated that accepting the government’s defense would upset the constitutional balance established by the nation’s system. He noted that the agency’s actions were unlawful despite Comey’s history of receiving departmental accolades for her work over approximately a decade in Manhattan.

Comey’s legal team argued that her dismissal was driven by political factors, specifically her relationship to former FBI Director James Comey. The lawsuit alleged that her father’s status as a prominent critic of President Trump influenced the decision to fire her. Her attorneys described the ruling as a victory for civil servants and the rule of law, stating that it reaffirms the requirement for the executive branch to comply with constitutional checks and balances.

The decision follows a period of legal challenges from other federal prosecutors and former FBI agents who were dismissed under the current administration. These lawsuits also allege that the firings were politically motivated. The Justice Department has issued two indictments against James Comey. The first case was dismissed, while the second, which remains pending, accuses him of threatening the president through a social media post featuring seashells.

Furman’s order is not yet final. The judge has not ruled on Comey’s First Amendment claim that she was fired for protected political speech. He indicated he will hear further briefings on that specific argument before making a final determination on that portion of the case. The Justice Department stated it disagrees with the decision and plans to file an appeal.

If Comey chooses to return, she will resume her role in the Southern District of New York. She previously handled high-profile cases against defendants including Sean Combs, Jeffrey Epstein, and Ghislaine Maxwell. The department’s announcement of the appeal confirms its intent to challenge the lower court’s findings in the higher court.