Judge orders DOJ to pay $157,000 in back pay to fired prosecutor

A federal judge has ordered the Department of Justice to pay $157,000 in back wages to Maurene Comey, a former U.S. Attorney in New York.

Judge Jesse Furman issued the ruling on Monday, determining that the department’s decision to fire Comey in July 2025 was unlawful. The court granted her retroactive reinstatement to her position as an assistant U.S. Attorney for the Southern District of New York. The back pay covers the period from her termination on July 16, 2025, through December 20, 2025, the date the judge inferred she accepted another job.

Furman rejected the DOJ’s primary argument that the attorney general had the constitutional authority to dismiss a federal prosecutor without cause. The judge noted that the department conceded Comey’s termination was not based on her performance. Instead, the ruling found that the DOJ failed to follow procedural requirements under the Civil Service Reform Act, which mandates advance written notice and a reasonable time for the employee to respond.

The judge highlighted that Comey had received excellent performance reviews prior to her firing. Her supervisors described her as a brilliant lawyer and an outstanding assistant U.S. Attorney. Furman stated that the government’s argument that the removal was for cause to promote the efficiency of the service bordered on frivolous. The decision also noted that the DOJ’s reliance on Article II of the Constitution to justify the firing sought to overturn nearly two centuries of Supreme Court precedent.

Comey’s legal team called the outcome a hard-earned victory for civil servants and the rule of law. In a statement, they argued that the decision reaffirms the system of checks and balances. The lawyers stated that accepting the government’s view of unlimited executive power would unsettle the constitutional equilibrium. They emphasized that the president is not above the law.

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

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 initial lawsuit argued that her termination stemmed from President Trump’s animus toward her father, former FBI Director James Comey. Maurene Comey had been involved in high-profile prosecutions, including those against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs.

James Comey is currently under federal indictment for allegedly threatening Trump’s life via an Instagram post. His attorneys are seeking to have that case dismissed. He previously had another federal indictment against him dismissed by the DOJ. Maurene Comey wrote to colleagues after her firing that if a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain.