A federal judge ruled on Monday, October 26, 2026, that the Trump administration’s firing of former Manhattan federal prosecutor Maurene Comey was unlawful, ordering her reinstatement and backpay in a decision that tests how far a president can go in removing career prosecutors.
U.S. District Judge Jesse Furman of the Southern District of New York held that the Justice Department violated the Civil Service Reform Act when it removed Comey in July 2025 without cause, and that the firing also ran afoul of the constitutional separation of powers. The ruling came in a 55-page order, according to the New York Post.
What the judge decided
Furman rejected the Justice Department’s argument that prosecutors like Comey serve at the pleasure of the president or the attorney general and can be removed without cause because they exercise delegated executive authority in court. The judge wrote that while the attorney general is authorized by law to remove an assistant U.S. attorney, that power is limited by law — it may be exercised only in a particular manner and only for certain reasons.
“And Comey’s removal indisputably violated the CSRA,” Furman wrote, referring to the Civil Service Reform Act, the federal law that sets the process by which career federal employees can be removed. CNN reported that Furman also found the firing violated the separation-of-powers clause of the Constitution, which places limits on how certain federal employees can be fired.
The judge warned that accepting the Justice Department’s position — that Congress cannot dictate how federal employees are removed — would upend two centuries of Supreme Court decisions and risk “a return to the spoils system that Congress has sought to end since the nineteenth century.”
Comey is now working as a defence lawyer, and the judge ordered her to receive backpay up to the time she took that position, CNN reported.
Why the case matters beyond Comey
The case was widely seen as a test of whether the administration can swiftly fire line prosecutors — career lawyers who are not political appointees and whose careers typically span both Republican and Democratic administrations. Reuters noted that during his second term, President Donald Trump has sought to expand his authority over parts of the federal government that have historically enjoyed varying degrees of independence from the White House, including the Justice Department.
Critics accuse the administration of using criminal prosecutions to punish political opponents and reward allies, Reuters reported. The ruling is therefore likely to be cited in other challenges to removals of career officials, though its reach will depend on what happens on appeal.
The administration is likely to appeal, the New York Post reported, pointing to a Supreme Court decision in June that expanded the president’s ability to fire federal officials at will. An appeal could pause or narrow the reinstatement order while the case continues.
Who Maurene Comey is
Maurene Comey spent nearly a decade as an assistant U.S. attorney in the Manhattan U.S. Attorney’s office, where she worked on high-profile prosecutions including the cases against Jeffrey Epstein associate Ghislaine Maxwell and music mogul Sean “Diddy” Combs. She is a Harvard Law School graduate and the eldest daughter of former FBI director James Comey.
She was fired by the Justice Department in July 2025 and sued the administration last month, alleging she was fired because of who her father is, in violation of federal laws barring the firing of civil servants for political reasons and guaranteeing federal employees due process in employment disputes. That allegation is her claim in the lawsuit; the judge’s holding rests on the Civil Service Reform Act violation and the separation-of-powers issue, not on a finding about the administration’s motive.
The Justice Department acknowledged in court that Comey was not fired for cause or because of her performance, CNN reported. USA Today said it had sought comment from the White House, and no White House response was quoted in the initial reports. The story is still developing.
Not the same as the cases against her father
The ruling should not be confused with the criminal cases involving James Comey himself. Trump fired James Comey as FBI director during his first term and has repeatedly attacked him over his role in investigating Russian interference in the 2016 presidential election.
In 2024, the Justice Department charged James Comey with lying to Congress about authorizing leaks to the news media; he pleaded not guilty, and that case was dismissed after a judge found that the U.S. attorney who secured the charges was not lawfully appointed, USA Today reported. He has since been charged in a separate federal case with threatening Trump and has pleaded not guilty, with an arraignment scheduled for January 2027, according to the New York Post.
What happens next
The immediate questions are whether the Justice Department appeals, whether it seeks to stay the reinstatement order while an appeal is pending, and whether Comey returns to the U.S. Attorney’s office in the meantime. The White House has not yet publicly responded to the ruling in the initial reports, and further updates are expected as the administration decides its next step.
For career prosecutors across the Justice Department, the decision is a significant — if still appealable — affirmation that removal protections written by Congress still constrain even the most senior law-enforcement officials.
Frequently asked questions
Why was Maurene Comey fired? The Justice Department gave no cause for her July 2025 removal, and acknowledged in court that she was not fired for cause or performance. She alleges the firing was retaliation linked to her father; the judge’s ruling is based on the removal violating the Civil Service Reform Act and separation-of-powers limits.
What did the judge order? Judge Jesse Furman ordered Comey’s reinstatement and backpay up to the time she began her current job as a defence lawyer.
Can the administration appeal? Yes, and reports say an appeal is likely. An appeal could affect whether and when the reinstatement takes effect.
Sources
- Reuters: Trump administration’s firing of prosecutor Maurene Comey was unlawful, judge rules
- CNN: Judge: Maurene Comey was illegally fired from Justice Department
- USA Today: Trump administration’s firing of Maurene Comey was unlawful, judge rules
- New York Post: Maurene Comey unlawfully fired as Manhattan prosecutor by Trump DOJ, judge rules
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