Federal Judge Rules DOJ Firing of Prosecutor Maurene Comey Unconstitutional

A federal judge issued a significant ruling on Monday, declaring that the Department of Justice acted unconstitutionally when it terminated federal prosecutor Maurene Comey. U.S. District Judge Jesse Furman determined that the dismissal violated the separation of powers and federal civil service protections, effectively rejecting the administration's argument that it possessed the authority to remove such officials without cause.

Maurene Comey, who served as an assistant U.S. attorney in the Southern District of New York for nearly a decade, was fired in July 2025. During her tenure, she was involved in several high-profile legal proceedings, including cases involving Jeffrey Epstein and Sean "Diddy" Combs. The Department of Justice had previously acknowledged that her termination was not based on her professional performance.

In his 55-page decision, Judge Furman characterized the administration's stance on executive power as "sweeping and unprecedented." He emphasized that Congress maintains the constitutional authority to regulate and restrict the removal of inferior officers, thereby upholding the job protections afforded to career prosecutors. The ruling mandates that Comey be retroactively reinstated and granted back pay for the period following her dismissal.

The decision carries implications that extend well beyond the individual case, serving as a rebuke to the administration's interpretation of executive authority. While the Department of Justice has indicated its intention to appeal the ruling, the court's decision reinforces the legal safeguards designed to protect line prosecutors from arbitrary political interference.