Judge rules Maurene Comey’s removal violated federal law

A federal judge ruled that the Justice Department unlawfully removed former Manhattan prosecutor Maurene Comey and ordered her retroactively reinstated with back pay through Dec. 20, 2025. The Oct. 26, 2026, decision says her removal violated the Civil Service Reform Act and the constitutional separation of powers.

U.S. District Judge Jesse Furman rejected the department’s argument that Article II gives the executive branch authority to remove federal prosecutors without limits imposed by Congress in circumstances like Comey’s. The ruling resolves several claims in Comey’s lawsuit, but it does not decide every issue or set the amount of money she is owed.

Retroactive relief, not a return to an active job i

The order treats Comey as reinstated for the period from the effective date of her removal, July 16, 2025, through Dec. 20, 2025. Those dates span five months and four days. The court inferred that she had taken another job by Dec. 20; the opinion says she no longer sought to return to an active federal position.

That distinction matters: the remedy restores her employment status for a past period and provides for back pay, rather than directing her to resume work at the Justice Department now. The judge left the dollar amount for a later determination and also reserved whether Comey should receive costs and attorney fees. The order grants declaratory relief on specified claims.

The decision applies to Comey’s case. It does not automatically reinstate other former federal employees or grant them the same relief.

Several claims resolved; First Amendment issue remains i

Furman granted Comey judgment on the pleadings on Counts One, Two, Five and Six, including her separation-of-powers, statutory and specified due-process claims. He ruled for the Justice Department on Count Three, dismissed Counts Seven through Ten, and reserved judgment on Count Four, Comey’s First Amendment claim. The result is therefore a ruling for Comey on significant claims, not a decision in her favor on every part of the lawsuit.

Comey must file a memorandum by Nov. 9, 2026, explaining why her First Amendment claim should not be dismissed. Her filing and the department’s response are each limited to 3,500 words; the department may respond within one week after her submission. The court also stayed discovery unless it orders otherwise.

The case was decided in the Southern District of New York, where Comey had served as an assistant U.S. attorney in Manhattan. The Justice Department said it disagreed with the decision and would appeal.