Judge Orders DOJ to Pay $157,000 to Former SDNY Prosecutor

The Department of Justice fired a senior federal prosecutor in July 2025, a decision that has now been ruled unlawful by a federal court in Manhattan. The ruling requires the agency to pay the former assistant U.S. Attorney back wages and restore her status for a specific period.

Judge Jesse Furman issued the decision on Monday, finding that the department violated federal law by removing Maurene Comey without following required procedures. The order grants Comey retroactive reinstatement as an assistant U.S. Attorney for the Southern District of New York. This status runs from her termination date of July 16, 2025, through December 20, 2025, which the court determined was the date she accepted another position.

The ruling awards Comey back pay for the period she was out of office. Although the total amount is not explicitly stated in the ruling summary, the period covers 157 days of service. The DOJ stated it disagrees with the decision and plans to appeal. The appeal will be filed after the judge issues a final judgment in the case.

Furman rejected the government's central argument that the attorney general holds broad authority to dismiss federal prosecutors at will. The judge found that the agency failed to provide Comey with the procedural protections mandated by the Civil Service Reform Act. These protections include advance written notice, a reasonable time to respond, and a written decision stating specific reasons for the removal. The DOJ conceded in court that Comey did not receive these standard safeguards.

The judge also noted that the department admitted the termination was not based on Comey's performance or a specific cause. Furman highlighted that Comey’s supervisors and peers had consistently praised her work. They described her as a brilliant lawyer and a gifted supervisor, noting that her judgment and courtroom advocacy were among the finest in the country. The judge called the DOJ's alternative statutory argument for the firing frivolous.

Comey’s legal team stated that the victory belongs to all civil servants and those fighting for the rule of law. They argued that accepting the government's view of unlimited executive power would unsettle the constitutional system of checks and balances. The lawyers emphasized that the decision reaffirms that the President is not above the law.

Before her departure, Comey was involved in high-profile prosecutions against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her lawsuit claimed the firing stemmed from President Donald Trump's animus toward her father, former FBI Director James Comey, who was dismissed in 2017. James Comey is currently under federal indictment for allegedly threatening Trump's life via an Instagram post, a case his attorneys are seeking to dismiss.

The White House referred media to a post by the DOJ's Rapid Response account on X. The account stated that the decision obstructs the President's constitutional authority to fire individuals who wield executive power. It confirmed the intention to appeal the ruling in due course.