Federal Judge Rules Trump DOJ Illegally Fired Former Assistant U.S. Attorney Maurene Comey

On October 26, 2026, U.S. District Judge Jesse Furman in Manhattan issued a 55‑page decision that the Trump administration’s termination of Maurene Comey, a former assistant U.S. attorney, violated the Constitution. The judge granted her request for retroactive reinstatement and back pay.

Judge’s Reasoning and Constitutional Basis

Judge Furman, an Obama‑appointed judge, said the government’s argument for the firing “flies in the face of nearly two centuries of Supreme Court precedent.” He warned that accepting the administration’s claim would upset the balance of powers established by the Constitution, particularly the separation of powers that limits an executive’s ability to remove employees for political reasons.

Background of the Lawsuit

Maurene Comey, a veteran federal prosecutor and daughter of former FBI Director James Comey, sued the Trump administration in September 2025. She alleged she was dismissed in the summer of 2025 without a legitimate explanation and that the firing was motivated by her father’s high‑profile role and her perceived political affiliation. The complaint emphasized that the government offered no non‑political reason for her removal.

What This Means for Federal Employees

The ruling makes clear that federal workers cannot be terminated solely because of political considerations. If a federal employee believes they were fired for political reasons, they may seek reinstatement and back pay through the courts. The decision does not set a specific filing deadline, but acting promptly is advisable because claims often must be filed within a limited period after termination.

Practical Steps for Anyone Who Thinks They Were Unlawfully Fired

1. Gather all written communications about the termination, including emails, letters, and memos.2. Document any statements or actions that could be seen as political in nature.3. File a claim for reinstatement and back wages in the appropriate federal court.4. Consult an employment‑law attorney who can evaluate the strength of the claim and guide you through the filing process.

Next Legal Moves in the Comey Case

The Trump DOJ may appeal the decision, which could extend the litigation for months or years. An appeal would focus on whether the district court correctly applied separation‑of‑powers doctrine to the removal power. Until the appellate process is complete, Maurene Comey remains reinstated and entitled to back pay.

While the case involves a high‑profile individual, the principle applies broadly: government agencies must follow constitutional limits when removing employees. Federal workers and their advocates should watch this case for guidance on future disputes.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 26, 2026.