A federal judge has ruled that the U.S. Justice Department unlawfully fired career prosecutor Maurene Comey, rejecting the government’s argument that her prosecutorial authority allowed the executive to remove her without following civil-service protections.
U.S. District Judge Jesse Furman issued the ruling on October 26. The Justice Department says it disagrees and intends to appeal.
What the judge ordered
Furman ordered retroactive reinstatement and back pay from Comey’s July 2025 dismissal through December 20, 2025, when she took a private-sector job.
The remedy addresses the period between the dismissal and her subsequent employment. It should not be described as an order requiring her to return to work as a prosecutor now.
What the ruling decided
The central issue was whether Congress could impose legal conditions on the removal of a career federal prosecutor.
The government argued that the executive’s constitutional authority permitted the dismissal. Furman concluded that Comey was protected by civil-service law and that the government had not followed the required process.
Comey also alleged that the administration targeted her because she is the daughter of former FBI director James Comey. That allegation is separate from the court’s ruling on the legality of her dismissal.
Why lawyers should care
The dispute concerns more than one employment decision. It tests how statutory protections for career public servants interact with presidential authority over executive-branch officials.
For Canadian public-law and employment lawyers, the comparative interest lies in the institutional design: how legal protections for government lawyers operate when the executive disagrees with - or wants to remove - them.
The ruling remains subject to appeal. Its immediate effect is the remedy Furman ordered; its broader significance will depend on what happens next.
Source: Reuters report