A federal judge has ruled that fired prosecutor Maurene Comey's wrongful termination claims belong in federal court, rejecting the government's efforts to move the case to administrative proceedings.
Judge Jesse M. Furman of the U.S. District Court for the Southern District of New York issued the ruling on Tuesday, stating that the sole reason provided for her firing—Article II of the U.S. Constitution, which grants executive power to the president—takes her case outside the typical process for resolving disputes between federal employers and employees. That process usually channels such disputes to avenues of administrative and judicial review outside district courts.
The Justice Department did not immediately comment on the decision.
Comey filed her lawsuit in September 2024, alleging she was improperly removed solely or substantially because her father is former FBI Director James B. Comey, or due to her perceived political affiliation or beliefs. Her firing came soon after she led the prosecution of Sean “Diddy” Combs and secured a conviction on prostitution-related charges. She contends the dismissal was retribution because her father is a foe of former President Donald Trump, who fired James Comey as FBI director in 2017.
During oral arguments in December, Judge Furman had refused to allow Comey to immediately gather evidence to identify who ordered her firing and how it transpired, citing the government's argument that her case must first be considered by the federal Merit Systems Protection Board. However, Tuesday's ruling clears the way for the case to proceed in federal court.
Judge Furman has scheduled a May 28 hearing for an initial pretrial conference in the civil case.
