Published October 26, 2026
A US judge has ruled that former federal prosecutor Maureen Comey was illegally fired by President Donald Trump’s administration.
U.S. District Judge Jesse Furman said Monday that the Trump administration overstepped the limits of executive branch authority by firing so-called “inferior officials” without cause.
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He rejected the administration’s position that the president has the authority to carry out such firings, regardless of any safeguards provided by Congress.
“Accepting the defendants’ claims would undermine the very balance established by this nation’s constitutional system,” Furman wrote.
He also rejected the idea that federal prosecutors like Comey are an extension of the president’s “definitive and exclusive” authority.
“Defendants have invented a new and expansive theory of executive power,” Fuhrman wrote of the Trump administration. “They also used that theory to fire other officials in the executive branch who had long been protected from removal.”
The ruling is a setback for the Trump administration, which has sought to fire federal employees deemed inconsistent with the president’s priorities.
Critics also accuse Trump of seeking retribution against perceived enemies. Comey is the daughter of former government official James Comey, who led the Federal Bureau of Investigation (FBI) from 2013 to 2017.
He was fired during President Trump’s first term and has since become one of the Republican leader’s most prominent critics.
Maureen Comey’s lawyers had argued that her job was terminated because of her antipathy toward Trump’s father.
In Monday’s ruling, Fuhrman granted claims for back pay from his July 16, 2025, termination date through December. He also said she was entitled to “retroactive reinstatement” for that period.
Maureen Comey has been an assistant U.S. attorney at the Department of Justice since 2015, based in Manhattan.
She had filed lawsuits against such notables as convicted sex offender Jeffrey Epstein, his colleague Ghislaine Maxwell, and music mogul Sean “Diddy” Combs.
Comey argued in his lawsuit that his firing violated federal law that prohibits firing public employees for political reasons.
He also pointed to the separation of powers under the U.S. Constitution, which allows Congress to pass regulations governing federal employees as long as they do not interfere with the president’s powers.
The Trump administration’s Justice Department countered that the president has broad discretion to fire federal employees without cause.
In response to Monday’s ruling, the administration said it “does not agree with this decision and will appeal accordingly.”
Since returning to office for a second term, President Trump has sought to reduce the size of the federal government and eliminate prosecutors and investigators involved in cases with which he disagrees.
He also pressed the Justice Department to prosecute several of his critics, including James Comey.
In a social media post on September 20, 2025, President Trump called on then-Attorney General Pam Bondi to pursue charges against James Comey and several others.
“We have a great case, and many lawyers and legal experts say so,” Trump wrote.
“We cannot delay it any longer. This is damaging our reputation and credibility. They have impeached me twice and indicted me without any basis (5 times!). Justice must be served now!!!”
James Comey was fired as the FBI investigated potential links between Trump’s 2016 presidential campaign and Russia. The investigation has been the subject of frequent ire from President Trump.
Shortly after the September 2025 post, the Justice Department indicted Comey on charges of lying to Congress. A judge dismissed the case in November, finding that the prosecutor who brought the charges, Lindsey Harrigan, was illegally appointed.
James Comey was indicted again in April in a separate case for allegedly threatening Trump by sharing images of seashells on social media.
The shells were arranged in the numbers “86 47”. The term “86” is used in the U.S. restaurant industry to refer to someone shoving someone out of a bar, but the Trump administration claimed it was a threat related to organized crime.
He added that the “47” refers to Trump, the 47th president.
The former FBI director denounced the incident as an example of political persecution under the Trump administration.
