A federal judge ruled that the Trump administration illegally fired Maurene Comey, a former federal prosecutor, ordering her reinstatement and back pay. Simultaneously, the Justice Department filed its third set of criminal charges against her father, former FBI Director James Comey, accusing him of leaking national security information in 2016.
U.S. District Judge Jesse Furman determined that the dismissal of Maurene Comey in July 2025 violated the Constitution’s separation of powers and the Civil Service Reform Act. Although the Attorney General has authority to remove Assistant U.S. Attorneys, Furman wrote that this power is limited by law and cannot be exercised arbitrarily. He rejected the government’s argument that prosecutors are extensions of presidential power, stating that accepting such a view would "unsettle the very equilibrium established by this Nation’s constitutional system." The DOJ stated it disagrees with the decision and will appeal.
In a separate development, the Justice Department unsealed an "information" charging James Comey with two counts of unlawfully disseminating information related to national defense. This filing was designed to toll the statute of limitations for a potential grand jury indictment regarding a 2016 New York Times article about Yahoo email scanning. Comey’s attorney, Patrick Fitzgerald, argued the charges are invalid because the matter was previously investigated twice without charge and lacks proper grand jury approval. James Comey denied the allegations in a video statement, calling the prosecution an "appalling abuse of the Department of Justice" and asserting his innocence.
