express gazette logo
The Express Gazette
Monday, October 26, 2026

Federal Judge Rules Trump Justice Department Illegally Fired Comey's Daughter

An Obama-appointed judge found the firing violated the Civil Service Reform Act and ordered back pay.

US Politics • 3 hours ago
Federal Judge Rules Trump Justice Department Illegally Fired Comey's Daughter

An Obama-appointed federal judge ruled Monday that the Trump Justice Department unlawfully fired Maurene Comey, daughter of former FBI Director James Comey. The ruling rejected the administration's expansive claims of executive authority under Article II of the Constitution, warning that such an argument threatened the nation's constitutional balance of power.

The Justice Department had acknowledged in court filings that Comey's firing was not for cause and not performance-based, but asserted the attorney general possessed the authority to remove her under Article II. However, Judge Jesse Furman wrote that the government's argument "flies in the face of nearly two centuries of Supreme Court precedent" and that accepting it would "unsettle the very equilibrium established by this nation's constitutional system."

Furman ordered Comey retroactively reinstated and awarded back pay through December 20, 2025, the date she accepted a new job. The judge found that Comey's termination violated the Civil Service Reform Act (CSRA), which generally requires cause for termination and procedural protections for government workers. The government conceded that Comey's removal was not based on misconduct or poor performance, and that she received neither advance notice nor an opportunity to respond.

Maurene Comey had served approximately a decade as an assistant U.S. attorney in the Southern District of New York, where she worked on significant cases, including the prosecution of Ghislaine Maxwell and the sex trafficking trial of Sean "Diddy" Combs. She was the second member of her family to be dismissed under the Trump administration; her father was fired as FBI director in 2017 during the Russia collusion investigation.

A DOJ spokesperson stated that the department disagrees with the decision and will appeal. Comey's attorneys described the victory as "hard-earned" for their client and all civil servants, asserting that "the President is not above the law."


Sources