Judge rules Trump DOJ unlawfully fired Maurene Comey
Source published: Oct 26, 2026 · 11:13 AM EDT · Event: 2026-10-26
U.S. District Judge Jesse Furman held that the Justice Department unlawfully fired career federal prosecutor Maurene Comey in July 2025. The court ruled that the Civil Service Reform Act covered Comey and that DOJ did not provide the cause, notice or opportunity to respond required by law. Furman granted Comey judgment on claims that the removal violated the constitutional separation of powers, the Administrative Procedure Act, the Fifth Amendment's Due Process Clause and statutory protections. He ordered retroactive reinstatement and back pay from the firing through December 20, 2025, when the court inferred that Comey accepted another job. The order is a judicial ruling, but it does not resolve every claim or remedy in the case.
Response / context
The Justice Department said it disagrees with the decision and will appeal in due course. Reuters reported that the still-pending First Amendment claim prevents an immediate appeal. Furman reserved judgment on that claim and ordered Comey to explain by November 9 why it should not be dismissed as moot or declined as discretionary declaratory relief; he also left the amount of back pay, costs and attorneys' fees unresolved. Comey alleged that she was fired because she is the daughter of former FBI Director James Comey, a longtime Trump adversary, or because of perceived political beliefs. The court recorded that allegation but did not decide the First Amendment retaliation theory. Comey's lawyers called the ruling a victory for civil servants and checks and balances.
Dates and scope
Source publication: Oct 26, 2026 · 11:13 AM EDT
Event or conduct: 2026-10-26. Judge Jesse Furman filed the 55-page opinion and order on October 26. Reuters published its report at 11:13 a.m. EDT, and Associated Press published its report later that morning. The Ledger reviewed the official Southern District of New York opinion and both reports shortly after 3 p.m. EDT. The July 16, 2025 firing, October 26 ruling, news-publication times and source-review time are distinct.
Dated report. Publication, event and review times are different; the review time is when the sources were last checked, not a live update.
This brief preserves the available response and disposition. Coverage is non-exhaustive. How we review sources.
Read the original sources
- U.S. District Court for the Southern District of New York: Comey v. U.S. Department of Justice, No. 25-cv-7625 — Opinion and Order, ECF No. 96 ↗
Primary 55-page October 26 opinion granting judgment to Comey on four claims, ordering retroactive reinstatement and back pay, reserving the First Amendment claim and leaving the amount of back pay, costs and fees unresolved
- Reuters, Luc Cohen: Trump administration's firing of prosecutor Maurene Comey was unlawful, judge rules ↗
October 26 federal-courts report carrying DOJ's statement that it disagrees and will appeal, Comey's lawyers' response and the procedural consequence of the still-pending claim
- Associated Press, Michael R. Sisak, Eric Tucker, Alanna Durkin and Larry Neumeister: Judge: Trump DOJ illegally fired ex-FBI director's daughter, Maurene Comey, as a federal prosecutor ↗
October 26 report summarizing the court's holdings, remedy, unresolved First Amendment claim and the parties' responses
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