Maurene Comey’s lawsuit against DOJ over her firing can proceed, judge rules
The Justice Department had tried to move the proceedings to an executive-branch panel.
April 28, 2026
NEW YORK — Maurene Comey can pursue her lawsuit against the Justice Department for her abrupt termination as aManhattan federal prosecutor, a federal judge ruled Tuesday, handing her a significant victory against the department.
Lawyers for the department had argued that Comey needed to bring her claims before the Merit Systems Protection Board, an executive branch agency that oversees federal workers’ complaints alleging violations of civil service laws. Comey’s lawyers argued that would have doomed her case.
U.S. District Judge Jesse Furman wrote in a 27-page opinion thatbecause Comey was fired pursuant to Article II of the Constitution, rather than the Civil Service Reform Act, her lawsuit should remain in federal court.
“The Court finds that Comey’s claims are not of the type Congress intended to be reviewed within that schemebecause it would deprive her of meaningful judicial review, her claims are wholly collateral to the CSRA’s review provisions, and her claims— which raise fundamental constitutional questions — fall outside of the MSPB’s traditional expertise,” Furman wrote.
Comey’s firing last summer sent shock waves through the Manhattan U.S. attorney’s office, where she had served as one of the most prominent federal prosecutors in the country for nearly 10 years, handling cases including those against Jeffrey Epstein, his co-conspirator Ghislaine Maxwell and Sean “Diddy” Combs.
Comey, the daughter of former FBI director and longtime Trump foe James Comey, was given no explanation for her firing. She has alleged in court filings that her termination occurred “solely or substantially because her father is former FBI Director James B. Comey, or because of her perceived political affiliation and beliefs, or both.”
A lawyer for Comey, Ellen Blain, said Tuesday that “we are thrilled” with Furman’s decision.
“No president can ignore the Constitution, the Bill of Rights, and federal law and fire a career federal employee based solely on her last name,” she added. “We look forward to continuing to vindicate Ms. Comey’s constitutional rights and protect our civil service.”
A spokesperson for DOJ declined to comment.
https://www.politico.com/news/2026/04/28/maurene-comey-lawsuit-justice-department-00894831