By Salma El-Sakka
A federal judge has ruled that the Department of Justice’s dismissal of assistant U.S. attorney Maurene Comey without cause was unlawful, rejecting the Trump administration’s claim of unchecked executive power over career prosecutors.
Judge Rejects DOJ Arguments
U.S. District Judge Jesse Furman ruled this week that Comey’s firing violated the Civil Service Reform Act and was not authorized by any law. The Justice Department had argued that Article II of the Constitution gave the president and attorney general the right to remove line prosecutors, but Furman said that position "flies in the face of nearly two centuries of Supreme Court precedent."
Legal Experts Weigh In
Legal scholars welcomed the decision as a significant check on politicized firings. Carl Tobias of the University of Richmond School of Law said the ruling "completely vindicated" Comey and sets a valuable precedent. Neama Rahmani, a former federal prosecutor, noted that courts have recently limited the administration in several cases, though he cautioned the ruling is not a "silver bullet." Elizabeth Wolstein, a former Manhattan federal prosecutor, added that while the decision is not binding on other judges, a well-reasoned opinion can be persuasive in similar cases.
Appeal Expected
The Justice Department is expected to appeal to the Second Circuit Court of Appeals, and the case could eventually reach the U.S. Supreme Court. Observers say the high court’s willingness to hear the case and its composition make the final outcome uncertain.
Political Background
Comey, the daughter of former FBI Director James Comey, was fired on July 16, 2025, with a letter stating her employment was terminated effective immediately. She had prosecuted high-profile cases including those against Ghislaine Maxwell and Sean "Diddy" Combs. Critics allege her dismissal was retaliation for her father’s long-standing conflict with President Trump. The Justice Department said the firing was directed by former Attorney General Pam Bondi and ratified by her successor, Todd Blanche.
White House Response
The White House rejected allegations of political weaponization. Spokesperson Lauren Bis stated that unlike the previous administration, President Trump has not used the Justice Department against political foes, and highlighted a reported decrease in violent crime.
