DOJ must pay fired prosecutor $157,000 in back wages

The Department of Justice is ordered to pay Maurene Comey back wages for a period of 157 days. A federal judge in Manhattan ruled on Monday that the agency's decision to fire the former New York prosecutor was unlawful. The ruling covers the span from her termination on July 16, 2025, through December 20, 2025.

Judge Jesse Furman granted Comey retroactive reinstatement as an assistant U.S. Attorney for the Southern District of New York. The judge inferred that she accepted other employment on December 20, 2025, which stopped the accrual of back pay. The decision rejects the government's position that the attorney general possesses unlimited authority to dismiss career prosecutors at will.

The DOJ stated it disagrees with the decision and plans to appeal the ruling in due course. The department argues that the judge's order obstructs President Trump's constitutional authority to manage the executive branch. The agency referred to a post on its Rapid Response account on X to convey this position to the public.

Comey's lawyers welcomed the verdict, calling it a victory for civil servants and the rule of law. They noted that the ruling reaffirms the system of checks and balances. The attorneys stated that the President is not above the law and that unlimited executive power would upset the constitutional equilibrium.

Before her departure, Comey handled high-profile cases involving Jeffrey Epstein, Ghislaine Maxwell, and Sean "Diddy" Combs. Her lawsuit claimed the firing stemmed from President Trump's animus toward her father, former FBI Director James Comey. The suit alleged the DOJ provided no explanation for her termination other than her perceived political affiliation or family ties.

Furman based his decision on procedural failures under the Civil Service Reform Act. The judge found that the DOJ failed to provide Comey with advance written notice, a reasonable time to respond, and representation. The agency conceded that these procedural protections were not afforded to the prosecutor.

The judge noted that Comey received excellent performance reviews from supervisors and peers. Descriptions included terms like "brilliant lawyer" and "outstanding AUSA in every respect." The DOJ admitted that her termination was not for cause and was not based on her performance record.

Furman rejected the DOJ's argument that an implicit determination of efficiency satisfied the statutory requirement for cause. He described that legal theory as bordering on frivolous. The ruling also addressed the executive branch's claim under Article II of the Constitution, noting that it sought to overturn nearly two centuries of Supreme Court precedent.

The judge reserved judgment on Comey's First Amendment claim regarding her firing. She has until November 9 to file arguments on why that claim should not be dismissed as moot. The final judgment in the case will issue after these filings are complete.

In a note to colleagues after her firing, Comey warned that fear could influence the decisions of remaining prosecutors. She wrote that fear is a tool used to suppress independent thought and urged her peers to maintain a commitment to seeking justice for victims.