Judge orders DOJ to bring back fired prosecutor and pay back wages

U.S. District Judge Jesse Furman issued an order on Monday requiring the Justice Department to reinstate Maurene Comey. The court found that her firing in July 2025 was unlawful. Comey must return to her position as an Assistant U.S. Attorney. The department must also pay her back wages from the date of her termination through December 20, 2025. That period covers the time before she started a new job.

The ruling states that the abrupt dismissal violated the Constitution. Judge Furman wrote that the action breached the separation of powers. It also violated Comey’s Fifth Amendment rights to due process. The judge rejected the administration's claim that career prosecutors can be fired at will. He argued that this view would upset the balance established by the constitutional system.

Comey served for nearly ten years in the Southern District of New York. She worked on several high-profile cases during that time. Her work included the prosecution of Sean Combs. She also handled cases involving former Senator Bob Menendez. Additionally, she was involved in the trials of Jeffrey Epstein and Ghislaine Maxwell. Her attorneys said the victory belongs to all civil servants fighting for the rule of law.

The Justice Department said it disagrees with the decision. A spokesperson stated that the department will appeal in due course. The department previously filed a court document stating that Comey was removed at the direction of Attorney General Pam Bondi. Judge Furman found that Bondi did not follow the law during the removal process. The judge noted that Congress imposed limits on the Attorney General’s power to remove prosecutors, limits that the defendants conceded were violated.

Comey filed her lawsuit in September 2025. She alleged that the administration gave no legitimate explanation for her firing. Her attorneys pointed to President Donald Trump’s long-standing conflict with her father, James Comey. The former FBI Director was fired by Trump in 2017. Maurene Comey said her boss told her the firing decision came from Washington. She provided no other details at the time.

The judge criticized the Justice Department’s legal arguments in the ruling. He described the department's position as a sweeping theory of executive authority. The judge wrote that this view flies in the face of nearly two centuries of Supreme Court precedent. He noted that the administration has used this theory to remove other Executive Branch employees. These employees had long held protections from removal under previous legal standards.

The Trump administration has routinely fired career federal prosecutors and FBI employees. The firings often targeted individuals involved in previous investigations of Trump. This included staff from the massive investigation into the January 6, 2021, attack on the U.S. Capitol. Judge Furman seemed to take note of this pattern in his declaration. He wrote that the ruling should serve a useful purpose in clarifying the legal issues involved.

A separate federal criminal case against James Comey is ongoing. The government claims a photo of seashells amounted to a threat against Trump. That case has been delayed until at least early 2027. A judge is weighing whether to dismiss the charges. James Comey’s legal team argues the case is a product of retribution. They state that dictionaries and common sense show the photo was not a true threat.