Maurene Comey, a longtime prosecutor who handled high-profile cases at the U.S. attorney’s office in Manhattan, sued the Justice Department on Monday, alleging that her abrupt firing earlier this year was unlawful, politically motivated and violated federal civil service and constitutional protections.
The complaint filed in federal court contends that Comey’s removal from the Southern District of New York breached multiple provisions of the Civil Service Reform Act and violated the First and Fifth Amendments. Her lawyers said the decision to discharge her was driven "solely or substantially because her father is former FBI Director James B. Comey, or because of her perceived political affiliation and beliefs, or both," and asked the court to order her reinstatement and back pay.
Comey began working at the Southern District of New York in 2015 and, the lawsuit notes, was assigned several of the office’s most prominent prosecutions, including cases against Jeffrey Epstein and Ghislaine Maxwell and, most recently, the prosecution of Sean "Diddy" Combs. The complaint says she had been asked by the U.S. attorney’s office to lead a "major" public corruption case one day before she received an emailed memo notifying her of termination the following day.
The termination email, according to the suit, did not provide a cause but referenced "Article II" — the constitutional provision that outlines executive power. When Comey sought an explanation from U.S. Attorney Jay Clayton, the lawsuit says, Clayton told her, "All I can say is it came from Washington. I can’t tell you anything else." The complaint says no other explanation was ever provided.
Comey’s lawyers argue the absence of statutorily required procedures and reasons for removal renders the termination "ultra vires," or beyond lawful authority, and therefore "without force or effect." They contend the executive branch cannot invoke Article II to remove career civil servants for perceived disloyalty and that doing so would undermine separation-of-powers principles and deprive Comey of First and Fifth Amendment protections.
The suit names the Justice Department, Attorney General Pam Bondi, the Office of Personnel Management and the Executive Office of the President among the defendants. The Justice Department declined to comment on the litigation.
Legal filings point to internal performance praise and awards as evidence of Comey’s standing within the office. The complaint cites a recent performance review that called her work "outstanding" and says her record included multiple awards and promotions. The lawyers also noted the timing of her firing: it came roughly a week after public disclosure that the FBI had opened criminal investigations into former FBI Director James Comey and former CIA Director John Brennan for allegedly making false statements to Congress.
"The politically motivated termination of Ms. Comey — ostensibly under 'Article II of the Constitution' — upends bedrock principles of our democracy and justice system," the filing states. It asserts that the actions at issue stripped Comey of statutory rights available to career federal prosecutors, including prior notification and the opportunity to challenge a removal.
In a farewell email to colleagues after her dismissal, Comey warned that if a career prosecutor can be fired without reason, "fear may seep into the decisions of those who remain." She urged staff not to let that happen.
The complaint seeks declaratory and injunctive relief ordering Comey’s reinstatement to the Southern District of New York, along with back pay and other relief. The case adds to broader tensions between President Donald Trump and his critics, including a longstanding dispute with James Comey that dates to the president’s 2017 firing of the former FBI director.
The lawsuit arrives against a backdrop of heightened scrutiny of senior law enforcement figures and ongoing political controversy over the use of executive authority to manage career prosecutors. It is likely to prompt legal debate about the limits of presidential and executive-branch power to remove career civil servants who are not political appointees and about the procedural safeguards Congress has put in place for federal employees.
A judge will ultimately weigh whether the removal followed required statutory procedures and whether the constitutional claims have merit. The Justice Department's response, and any internal records explaining the basis for Comey’s firing, are likely to be central to that analysis.
The case was filed as prosecutors and lawyers on both sides prepare for what may be a protracted legal battle over reinstatement, damages and the broader implications for civil service protections in the federal justice system.