Former federal prosecutor Maurene Comey sued the Trump administration Monday in Manhattan federal court seeking reinstatement, saying her July termination was politically motivated, unlawful and violated the Constitution's separation-of-powers clause.
The lawsuit alleges Comey was dismissed without explanation after a decades-long career as an assistant U.S. attorney and that the decision was driven by her perceived political affiliation or by her relationship to her father, former FBI director James Comey. It asks a judge to declare the firing unlawful and to order her returned to her post.
Comey, who joined the U.S. Attorney’s Office for the Southern District of New York in 2015 and rose to lead its violent and organized crime unit, said she was notified of her dismissal in an email that attached a notice saying she was being removed “(p)ursuant to Article II of the United States Constitution and the laws of the United States.” The complaint says the July 16 dismissal came the day after supervisors asked her to lead a major public corruption case and roughly three months after she received an "Outstanding" performance review.
The suit recounts a string of recent dismissals of federal prosecutors by the Justice Department and argues those actions have undermined civil service protections instituted to prevent terminations for political reasons. Citing the Civil Service Reform Act, the complaint says Comey's removal violated statutory protections that prohibit firing a career employee for discriminatory reasons, including political affiliation.
"Defendants have not provided any explanation whatsoever for terminating Ms. Comey. In truth, there is no legitimate explanation," the filing states. It contends Comey suffered lost employment and financial opportunities and reputational harm and that future background checks could reflect inaccurate or false information stemming from the defendants' actions.
The complaint names as defendants the Justice Department, the Executive Office of the President, U.S. Attorney General Pamela Bondi, the Office of Personnel Management and the United States.
Comey drew national attention this summer after serving as the lead prosecutor in the trial of Sean "Diddy" Combs. The filing acknowledges setbacks in that prosecution, noting Comey delivered closing arguments on the final day of the trial and faced criticism after Combs was cleared of several of the most serious charges. The lawsuit says that criticism, and an online campaign by right-wing personality Laura Loomer to have Comey removed, preceded her termination.
The filing also highlights Comey's broader prosecutorial record, saying she worked on investigations related to Jeffrey Epstein and Ghislaine Maxwell and was part of the team that secured Maxwell's conviction. It notes she has handled hundreds of cases since joining the SDNY and that she occupied the same unit leadership position her father once held.
Comey's staff-wide farewell email, included in the complaint, warned colleagues about the chilling effect of unexplained dismissals. "If a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain," she wrote. "Fear is the tool of a tyrant, wielded to suppress independent thought. Instead of fear, let this moment fuel the fire that already burns in the heart of this place. A fire of righteous indignation at abuses of power. Of commitment to seek justice for victims."
The lawsuit points to the Comey family's fraught history with former President Donald Trump as relevant to the motive for the firing. James Comey, whom Trump fired as FBI director in 2017 amid the agency's probe of possible links between the president's 2016 campaign and Russia, has been publicly critical of Trump and his allies. The complaint references a May social-media post by James Comey that some Trump supporters construed as a threat and recounts subsequent public backlash and steps taken by law enforcement, including Secret Service interest in the post.
The Justice Department declined to comment through a spokesperson, according to the filing. The complaint asks the court both to reinstate Maurene Comey and to issue a declaration that the termination was unlawful and unconstitutional, arguing that allowing merit-based career prosecutors to be dismissed for political reasons undermines the rule of law and the independence of federal law enforcement.
Legal analysts and career civil servants have raised alarms in recent months about a pattern of unexplained removals at the Justice Department, saying such actions could erode protections intended to shield career attorneys from partisan pressures. The lawsuit positions Comey's termination as an example of those concerns and seeks judicial relief that could have implications for how career prosecutors are protected from political influence going forward.
The case will proceed in U.S. District Court in Manhattan. The complaint attaches the termination notice and the staff email, and it traces a timeline from Comey's performance review and staffing decisions within the SDNY to social-media campaigns and the July dismissal. It seeks injunctive relief and compensatory damages tied to the harms the filing says have flowed from the termination.