From Law & Crime · · 3m
Comey's fired daughter reinstated with back pay as judge won't let Trump immunity decision stray language carry the day
New York judge reinstates fired federal prosecutor Maurene Comey with back pay after rejecting Trump DOJ's immunity arguments.
In brief
New York judge reinstates fired federal prosecutor Maurene Comey with back pay after rejecting Trump DOJ's immunity arguments. U.S. District Judge Jesse Furman ordered Maurene Comey's reinstatement with back pay, finding her termination violated constitutional separation of powers and federal law. Originally reported…
Maurene Comey reinstated
U.S. District Judge Jesse Furman ordered the reinstatement of fired federal prosecutor Maurene Comey with back pay, finding her termination violated constitutional separation of powers and federal law.
Comey unlawfully fired
The veteran Southern District of New York prosecutor was unlawfully fired in July 2025, U.S. District Judge Jesse Furman ruled Monday in a lengthy decision.
APA and Fifth Amendment violations
Comey's firing violated the Administrative Procedure Act (APA), violated her Fifth Amendment 'due process and statutory rights,' and was 'not authorized by' the Civil Service Reform Act (CSRA).
Trump immunity decision rejected
The judge rejected the DOJ's citations of the Supreme Court's presidential immunity decision in Trump v. United States and the firing powers decision in Trump v. Slaughter.
Furman's reasoning
Furman stated that the Trump DOJ's interpretation that Congress 'may not regulate the removal of an Executive Branch official at the behest of the President himself and may not interfere directly with investigative and prosecutorial…
Stray language analysis
Furman noted that language in Trump v. United States could call Perkins and its progeny into question if taken out of context and read broadly.
Retroactive reinstatement
As a result, he granted Maurene Comey retroactive reinstatement and backpay effective from the date of her termination through December 20, 2025.
Furman's clarification
Furman stated that the Trump DOJ's interpretation has 'no relevance to the propriety of Comey's removal in this case.'
Furman's distinction
Furman clarified that Trump v. United States was about presidential immunity from criminal prosecution, not the President's removal power.
APA and CSRA
The judge found Comey's firing violated the Administrative Procedure Act (APA) and the Civil Service Reform Act (CSRA).
Fifth Amendment
Comey's termination violated her Fifth Amendment 'due process and statutory rights.'
Stray language
Furman noted that language in Trump v. United States could be misinterpreted if taken out of context and read broadly.
Retroactive reinstatement
The judge granted Maurene Comey retroactive reinstatement and backpay effective from the date of her termination through December 20, 2025.
Furman's conclusion
Furman concluded that the Trump DOJ's interpretation has 'no relevance to the propriety of Comey's removal in this case.'
What matters most
U.S. District Judge Jesse Furman ordered Maurene Comey's reinstatement with back pay, finding her termination violated constitutional separation of powers and federal law.
