Judge orders DOJ to pay $157,000 to former SDNY prosecutor Maurene Comey

$157,000 is the amount Judge Jesse Furman ordered the Department of Justice to pay Maurene Comey in back wages on Monday. The federal judge ruled that the department's July 2025 firing of the former Southern District of New York assistant U.S. Attorney was unlawful.

Furman granted Comey retroactive reinstatement for the period between her termination on July 16, 2025, and December 20, 2025. The judge determined that she accepted a new job on the latter date, which capped the accrual of back pay. The ruling was issued in the U.S. District Court in Manhattan.

The decision centered on the Civil Service Reform Act. Furman rejected the DOJ's argument that the attorney general could remove a career prosecutor at will. The judge noted that the department conceded Comey was not afforded the statutory procedural protections. These include advance written notice, a reasonable time to respond, and a written decision stating specific reasons for the removal.

The DOJ had argued that then-Attorney General Pam Bondi had the authority to fire Comey without cause. Furman dismissed this claim as bordering on frivolous. He also rejected the department's subsequent attempt to ratify the firing through current Attorney General Todd Blanche. The judge found that the executive branch's interpretation sought to overturn nearly two centuries of Supreme Court precedent.

Performance reviews played a role in the judge's reasoning. Furman cited internal assessments describing Comey as a brilliant lawyer and an outstanding assistant U.S. Attorney. The DOJ admitted in court filings that her termination was not based on her work performance. Her lawyers stated that the victory belongs to all civil servants fighting for the rule of law.

The DOJ said it disagrees with the decision and will file an appeal. The department argued in a statement that the ruling obstructs the president's constitutional authority. Furman reserved judgment on Comey's First Amendment claim. He gave her until November 9 to file arguments on why that specific claim should not be dismissed as moot given the outcome on procedural grounds.

Before her departure, Comey worked on prosecutions involving Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her lawsuit alleged the firing stemmed from President Donald Trump's animus toward her father, former FBI Director James Comey. James Comey is currently under federal indictment for allegedly threatening the president's life via an Instagram post, though his attorneys are seeking to have that case tossed out.