Judge orders DOJ to pay $157,000 to former prosecutor

Judge Jesse Furman ordered the Department of Justice to pay former Southern District of New York prosecutor Maurene Comey $157,000 in back pay on Monday. The federal judge ruled that the department's decision to fire Comey on July 16, 2025, was unlawful. Furman granted Comey retroactive reinstatement as an assistant U.S. attorney for the period between her termination and December 20, 2025. The judge inferred that Comey accepted another job on that date, which ended the accrual of back wages.

The ruling rejected the Justice Department's claim that the attorney general possesses the authority to dismiss a federal prosecutor without cause. Furman determined that the department failed to follow procedures required by the Civil Service Reform Act. The law mandates that employees receive advance written notice, a reasonable time to respond, representation, and a written decision with specific reasons. The DOJ conceded that Comey was not afforded these procedural protections before her removal.

Furman noted that the department argued the attorney general's firing constituted an implicit determination that the removal was for cause. The judge described this statutory argument as bordering on frivolous. He also rejected the department's reliance on Article II of the U.S. Constitution, stating that the argument sought to overturn nearly two centuries of Supreme Court precedent. Furman wrote that the court is bound to follow those precedents unless the Supreme Court overturns them.

The judge highlighted that Comey had received excellent performance reviews prior to her termination. Her supervisors and peers described her as a brilliant lawyer and a gifted supervisor. One colleague called her the lawyer the office turns to when legal excellence is a must. Furman noted that the DOJ admitted her termination was not based on her performance.

Comey's lawyers issued a statement following the ruling. They stated that the victory belongs to all civil servants fighting for the rule of law. The lawyers quoted the court's view that accepting the government's argument about unlimited executive power would unsettle the constitutional system. They added that the decision reaffirms that the President is not above the law.

The Department of Justice said it disagrees with the decision and will appeal in due course. An appeal can only begin after Furman issues a final judgment in the case. The White House referred reporters to a post by the DOJ's Rapid Response account on X. The post said the decision obstructs President Trump's constitutional authority to fire individuals who wield executive power on his behalf.

Furman reserved judgment on Comey's claim that her firing violated her First Amendment rights. He gave her until November 9 to file arguments on why that claim should not be dismissed as moot. Comey had previously worked on high-profile prosecutions involving Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs.

In a note to colleagues after her firing, Comey wrote that if a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain. She urged her colleagues to let the moment fuel a fire of righteous indignation at abuses of power.