Federal Court: Judge Orders DOJ To Pay Former SDNY Prosecutor $157,000

Maurene Comey, a former federal prosecutor for the Southern District of New York, regained her position in the eyes of the law on Monday when Judge Jesse Furman ruled that the Department of Justice fired her unlawfully. The Manhattan federal court decision forces the department to pay the former assistant U.S. attorney $157,000 in back wages. Furman granted Comey retroactive reinstatement covering the period from her termination on July 16, 2025, through December 20, 2025. The judge determined that Comey accepted other employment by the end of that month.

The ruling rejected the government's central argument that the attorney general holds the power to dismiss a career prosecutor at will. Furman found that the department ignored specific requirements of the Civil Service Reform Act. The statute mandates that employees receive advance written notice, a reasonable time to respond, and a written decision with specific reasons for removal. The DOJ conceded that Comey was not afforded these procedural protections.

Furman noted that the department admitted the firing was not based on Comey’s performance. He cited internal assessments where supervisors described her as a brilliant lawyer and a gifted supervisor. One peer called her the lawyer the office turns to when legal excellence is a must. The judge characterized the DOJ’s statutory defense as bordering on frivolous. He stated that the argument sought to overturn nearly two centuries of Supreme Court precedent regarding executive removal powers.

Comey had handled high-profile cases before her departure, including prosecutions of Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her lawsuit alleged that her dismissal stemmed from President Donald Trump’s animus toward her father, former FBI Director James Comey. The suit claimed the government fired her because of her perceived political affiliation or her family connection. James Comey is currently under federal indictment for allegedly threatening Trump’s life via an Instagram post, a case his attorneys are contesting.

The Department of Justice said it disagrees with the decision and plans to appeal in due course. The White House referred reporters to a social media post from the DOJ’s Rapid Response account. That post stated the ruling obstructs the president’s constitutional authority to fire individuals who wield executive power. The legal team for Comey issued a statement saying the victory belongs to all civil servants fighting for the rule of law. They added that the decision reaffirms the system of checks and balances.

Furman reserved judgment on Comey’s First Amendment claim. She must file arguments by November 9 to explain why that claim should not be dismissed as moot. The judge’s order on other grounds effectively resolved the main dispute over her termination. Comey wrote to colleagues after her firing that fear is the tool of a tyrant. She urged them to let the moment fuel a fire of righteous indignation against abuses of power.

The case highlights the tension between executive discretion and statutory employment protections for federal employees. Furman’s decision stands until any appeal is resolved. The back pay calculation covers the 157 days between her firing and the inferred acceptance of new work. The ruling confirms that procedural steps in the Civil Service Reform Act are mandatory, not optional, for the removal of career prosecutors.