A federal judge ruled on October 26, 2026, that the Maurene Comey firing was unlawful, ordering retroactive reinstatement and back pay for the former federal prosecutor. The Justice Department said it would appeal.

Key Takeaways

  • The order covers Comey’s employment from July 16 through December 20, 2025.
  • The judge rejected the department’s argument that the attorney general could dismiss Comey without cause.
  • The Justice Department said it would appeal after a final judgment.

What the Maurene Comey firing ruling covers

Judge Jesse Furman ordered Comey retroactively reinstated as an assistant U.S. attorney for the Southern District of New York from her termination on July 16, 2025, through December 20, 2025. He inferred that she accepted another job on the latter date.

Before her dismissal, Comey worked on high-profile federal prosecutions involving Jeffrey Epstein, Ghislaine Maxwell and Sean “Diddy” Combs.

Why the judge rejected the dismissal

Furman rejected the Justice Department’s argument that then-Attorney General Pam Bondi could remove Comey at will and without cause. He also rejected its argument that Attorney General Todd Blanche could ratify the dismissal after the fact.

The judge said the department conceded that Comey was not fired for cause or because of her performance. He also found that she had not received procedural protections required under the Civil Service Reform Act, including notice and an opportunity to respond.

Comey’s lawsuit alleged that she was fired because her father is former FBI Director James Comey, her perceived political beliefs, or both. Furman noted that allegation but based his decision on other grounds.

Appeal and remaining claim

The Justice Department said it disagreed with the decision and would appeal in due course. An appeal would follow Furman’s final judgment in the Manhattan case.

Furman reserved judgment on Comey’s separate claim that her firing violated her First Amendment rights. He gave her until November 9 to explain why that claim should not be dismissed as moot in light of his ruling in her favor on other grounds.

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