Judge orders DOJ to pay back wages to fired federal prosecutor

A federal judge in New York ordered the Justice Department to pay back wages to Maurene Comey after ruling her dismissal was unlawful. Judge Jesse Furman issued the decision on Monday, directing the department to reinstate Comey retroactively and compensate her for time lost until she accepted new employment on Dec. 20, 2025.

The court rejected the administration's argument that the president holds absolute power to fire federal prosecutors under Article II of the Constitution. Instead, Furman applied the Civil Service Reform Act, which generally requires the government to show cause for termination and provide procedural protections to workers. The Justice Department had conceded in filings that Comey’s removal was not based on poor performance or misconduct, nor did she receive advance notice or a chance to respond.

Furman wrote that the government’s position contradicted nearly two centuries of Supreme Court precedent. He warned that accepting the administration’s view would upset the balance of power established by the constitutional system. A Justice Department spokesperson said the agency disagrees with the ruling and plans to appeal it in due course.

Comey worked for approximately ten years in the Southern District of New York. During that time, she handled high-profile cases, including the prosecution of Ghislaine Maxwell and the sex trafficking trial of Sean Combs. She was the second member of her family to be removed under the Trump administration, following her father, former FBI Director James Comey, who was fired in 2017.

Furman, an Obama appointee nominated in 2011, has a personal connection to the Manhattan U.S. attorney's office where both Comeys worked. He previously served as a federal prosecutor in that same district. Recently, the judge also ruled against the administration in a separate case involving the deportation of Columbia University student Mahmoud Khalil, a decision that prompted the government to seek a change of venue.

Attorneys for Maurene Comey called the victory hard-earned for their client and other civil servants. They stated that the decision reaffirms the system of checks and balances, emphasizing that the president is not above the law.