Judge Orders DOJ to Pay Back Wages to Fired Epstein Prosecutor

Judge Jesse Furman ruled Monday that the Department of Justice unlawfully terminated New York federal prosecutor Maurene Comey in July 2025. The decision in U.S. District Court in Manhattan grants Comey retroactive reinstatement as an assistant U.S. Attorney for the Southern District of New York. The order requires the department to pay her wages from her termination date of July 16, 2025, through December 20, 2025. Furman inferred that Comey accepted another job on that final date.

The ruling rejects the department's claim that the attorney general has the authority to dismiss a career prosecutor without cause. The DOJ argued that then-Attorney General Pam Bondi could remove Comey at will. It also claimed that current Attorney General Todd Blanche ratified the firing in May while serving as acting attorney general. Furman found these arguments flawed, noting that the department conceded Comey was not fired for performance reasons.

Comey, the daughter of former FBI Director James Comey, worked on high-profile cases against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs before her dismissal. Her lawsuit alleged the termination stemmed from President Donald Trump's animus toward her father. The suit stated the department provided no legitimate explanation for firing her. Furman noted that Comey's supervisors and peers consistently praised her work, describing her as a brilliant lawyer and gifted supervisor.

The judge emphasized that the department failed to follow procedural protections under the Civil Service Reform Act. Comey did not receive advance written notice, a reasonable time to respond, or representation. Furman wrote that the department's argument that the attorney general's power under Article II of the Constitution allowed the firing sought to overturn nearly two centuries of Supreme Court precedent.

Comey's lawyers stated the victory belongs to all civil servants fighting for the rule of law. They argued the decision reaffirms that the President is not above the law. The DOJ said it disagrees with the decision and will appeal in due course. The White House referred to a post by the DOJ's Rapid Response account on X, which stated the ruling obstructs President Trump's constitutional authority.

Furman reserved judgment on Comey's First Amendment claim. She must file arguments by November 9 on why that claim should not be dismissed as moot. The judge also noted that the department's argument bordering on frivolous regarding the implicit determination of cause was rejected. The case remains pending until a final judgment is issued.

Before her termination, Comey wrote to colleagues that firing a career prosecutor without reason allows fear to seep into legal decisions. She urged her peers to let the moment fuel a fire of righteous indignation against abuses of power. Her father, James Comey, is currently under federal indictment for threatening Trump's life via an Instagram post. His attorneys are seeking to have that case tossed out.