Judge calls DOJ firing of Epstein prosecutor 'frivolous,' orders $157,000 payout

Federal Judge Jesse Furman ordered the Department of Justice to pay $157,000 in back wages to Maurene Comey, a former assistant U.S. attorney in the Southern District of New York. The ruling, issued on Monday, declared that her termination on July 16, 2025, was unlawful. Furman also granted Comey retroactive reinstatement to her position, a status that lasted until December 20, 2025, when the court inferred she had accepted another job.

The decision reverses the department's initial stance that the attorney general could dismiss Comey without cause. Furman rejected arguments by then-Attorney General Pam Bondi and current Attorney General Todd Blanche, who had ratified the firing in May while serving as acting attorney general. The judge found that the DOJ failed to provide advance written notice, a reasonable time to respond, or a written decision with specific reasons, all of which are required under the Civil Service Reform Act.

Comey had handled high-profile cases, including those against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her lawsuit argued that her firing stemmed from President Donald Trump’s animosity toward her father, former FBI Director James Comey, whom Trump fired in 2017. The suit claimed the DOJ offered no legitimate explanation for the termination, stating that she was fired solely or substantially because of her father’s identity or her perceived political beliefs.

Furman noted that Comey’s supervisors had praised her work, describing her as a "brilliant lawyer and a gifted supervisor" with courtroom advocacy among the finest in the country. The DOJ admitted in the ruling that her termination was not based on her performance. The judge called the government's argument that the firing promoted the efficiency of the service "borders on frivolous."

The Department of Justice stated it disagrees with the decision and intends to appeal. The White House referred to a post by the DOJ’s Rapid Response account on X, which said the ruling obstructs President Trump’s constitutional authority to fire individuals who wield executive power. The appeal will proceed after Furman issues a final judgment in the case.

Comey’s lawyers said the victory belongs to all civil servants and reaffirms the system of checks and balances. They quoted the court’s holding that accepting unlimited executive power "would be to unsettle the very equilibrium established by this Nation’s constitutional system." The lawyers emphasized that the President is not above the law.

James Comey, who is currently under federal indictment accusing him of threatening Trump’s life via an Instagram post, has his attorneys seeking to toss the case. He denies any wrongdoing and previously had another federal indictment dismissed. Maurene Comey told colleagues after her firing that if a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain.

Furman reserved judgment on Comey’s claim that her firing violated her First Amendment rights. He gave her until November 9 to file arguments on why that claim should not be dismissed as moot given the favorable ruling on other grounds. The case remains active in U.S. District Court in Manhattan as the parties prepare for the next procedural steps.