Judge Orders DOJ To Pay $157,000 In Back Wages To Fired Prosecutor Maurene Comey

Federal Judge Jesse Furman ruled Monday that the Department of Justice violated federal law when it dismissed Maurene Comey, an assistant U.S. attorney in the Southern District of New York, in July 2025. The court ordered the department to pay Comey retroactive back wages for the 157 days between her termination and December 20, 2025. The judge determined that Comey accepted another position on that date, which ended the period for which she was entitled to pay.

Furman granted Comey retroactive reinstatement as an assistant U.S. attorney for the Southern District of New York. The ruling rejected the department's primary legal defense that the attorney general possesses broad constitutional authority to remove prosecutors at will. The judge found that the firing failed to meet the procedural requirements of the Civil Service Reform Act, which mandates advance written notice, a reasonable time to respond, and a written decision with specific reasons.

The department acknowledged in court filings that the termination was not based on performance. Furman noted that Comey’s supervisors had previously described her as a brilliant lawyer and a gifted supervisor with courtroom advocacy among the finest in the country. The judge stated that the government’s argument that her removal was an implicit determination of cause for efficiency bordered on frivolous.

Comey’s attorneys described the outcome as a hard-earned victory for civil servants and the rule of law. They argued that accepting the government’s view of unlimited executive power would unsettle the constitutional system of checks and balances. The lawyers emphasized that the decision reaffirms that the President is not above the law.

The department stated it disagrees with the decision and will appeal in due course. The White House referred reporters to a post on the DOJ’s social media account, which argued that the ruling obstructs President Trump’s constitutional authority to fire individuals who wield executive power. The appeal will proceed after Furman issues a final judgment in the case.

Furman reserved judgment on Comey’s claim that her firing violated her First Amendment rights. The judge gave her until November 9 to file arguments on why that claim should not be dismissed as moot. The original lawsuit alleged that the termination stemmed from President Trump’s animus toward her father, former FBI Director James Comey, who is currently under federal indictment for threatening the President's life.

Before her dismissal, Maurene Comey worked on high-profile federal prosecutions, including cases against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. The department’s statement said the ruling interferes with the executive branch's function. Comey’s legal team noted that the suit claimed the DOJ provided no legitimate explanation for the termination beyond her father's political affiliation and beliefs.