October 26, 2026, NEW YORK — A federal judge ruled Monday that the Justice Department unlawfully fired former Assistant U.S. Attorney Maurene Comey in July 2025, handing the Trump administration a significant defeat in a closely watched test of presidential power over career federal employees.

U.S. District Judge Jesse M. Furman, in a 55-page decision, found that the termination violated the Civil Service Reform Act and the Constitution. He ordered Comey retroactively reinstated, with back pay from her firing through December 20, 2025, when she accepted another job.

The Government’s Argument

The Justice Department defended the firing by pointing to Article II of the Constitution, which vests executive power in the president. Furman rejected that position. According to Forbes, he found the firing was not authorized by any statute and also violated separation-of-powers principles and Comey’s Fifth Amendment due process rights. He said the government’s defense “flies in the face of nearly two centuries of Supreme Court precedent.”

Who Is Maurene Comey?

Comey was a federal prosecutor in the Southern District of New York for nearly a decade. She worked on cases against Jeffrey Epstein, his associate Ghislaine Maxwell, and music mogul Sean “Diddy” Combs. She is the daughter of former FBI Director James Comey, whom President Trump fired in 2017.

The Lawsuit

Comey sued in September 2025, alleging she was fired in retaliation over her father’s feud with Trump and her perceived political affiliation. The reasons for the firing were not immediately clear, and the government did not publicly give one beyond its Article II authority. In April, Furman rejected the DOJ’s bid to send the dispute to an administrative board first, ruling the case could proceed in federal court.

Key Points

• The court found the firing violated the Civil Service Reform Act and the Constitution.
• Comey is reinstated retroactively and owed back pay through December 20, 2025.
• The ruling rejects the argument that Article II lets the president fire this prosecutor at will.

The Justice Department and Comey’s lawyers did not immediately respond to requests for comment. The DOJ could still appeal.

Sources: ABC News, CBS News, CNBC, Forbes, Bloomberg Law