Judge Awards $120,000 Back Pay to Maurene Comey After Ruling Firing Illegal
Federal court rejects Trump administration argument that the president can fire inferior officers without cause, ordering retroactive reinstatement for former Manhattan prosecutor.
By Elena Perry ·
US District Judge Jesse Furman ruled on Monday that the Trump administration illegally fired former federal prosecutor Maurene Comey. The decision grants Comey back pay from her July 16, 2025 termination through December 2026. The judge also ordered retroactive reinstatement for that period. This ruling marks a legal defeat for the White House in its ongoing effort to reshape the federal workforce.
Furman determined that the executive branch overstepped its authority when it dismissed so-called inferior officers without cause. The judge rejected the administration's position that the president holds absolute power to remove such employees, regardless of congressional protections. He wrote that accepting the defendants' argument would unsettle the constitutional equilibrium established by the nation's system of government.
The judge specifically criticized the administration's legal theory as a new and expansive interpretation of executive power. Furman noted that the White House used this theory to strip removal protections from other Executive Branch employees. He dismissed the idea that federal prosecutors serve as direct extensions of the president's conclusive and preclusive powers.
Maurene Comey, the daughter of former FBI Director James Comey, served as an assistant US attorney in Manhattan since 2015. She previously prosecuted high-profile cases involving Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her legal team argued that her dismissal resulted from Trump's personal antipathy toward her father, a prominent critic of the president since his first term.
The Department of Justice has maintained that the president possesses wide latitude to fire federal employees without cause. The agency countered that Comey's position was subject to presidential discretion. In response to the ruling, the administration stated it disagrees with the decision and intends to appeal in due course.
Trump has sought to reduce the size of the federal government since returning to office. He has removed prosecutors and investigators involved in cases he opposes. The president also pushed the Justice Department to prosecute several critics, including his father. In a September 2025 social media post, Trump urged then-Attorney General Pam Bondi to pursue charges against James Comey.
Trump claimed a great case existed and that justice must be served immediately. He referenced being impeached twice and indicted five times over nothing. Shortly after that post, the DOJ charged James Comey with lying to Congress. A judge dismissed that case in November after finding the appointed prosecutor, Lindsey Halligan, had been unlawfully selected. In April, a separate case accused James Comey of threatening Trump by sharing an image of seashells arranged to form the numbers 86 47.
