Federal Judge Rules Maurene Comey's Wrongful Termination Lawsuit Remains in Federal Court
A federal judge in New York ruled that fired prosecutor Maurene Comey's wrongful termination lawsuit belongs in federal court, rejecting the Justice Department's bid to shift it to administrative proceedings. In a separate ruling, an appeals court allowed the Pentagon to require escorted access for journalists during an ongoing appeal. The decisions address claims of improper firing and press rest
The Boston GlobeA federal judge in New York ruled on Tuesday that fired prosecutor Maurene Comey’s wrongful termination claims belong in federal court rather than in administrative proceedings. Judge Jesse M. S. Constitution, which vests executive power in the president.
He stated that this reason takes her case outside the usual process for disputes between federal employers and employees. Maurene Comey sued after her firing, contending that she was improperly removed solely or substantially because her father is former FBI Director James B. Comey, or because of her perceived political affiliation or beliefs.
During oral arguments in December, Judge Furman refused to let Maurene Comey immediately gather evidence to learn who ordered her firing and how it transpired.
The government argued that Maurene Comey’s firing must first be considered by the federal Merit Systems Protection Board. Maurene Comey claimed in her September lawsuit that her dismissal occurred soon after she led the prosecution of Sean “Diddy” Combs and won a conviction on prostitution-related charges. , that her employment was terminated, effective immediately.
President Trump fired James Comey as FBI director in 2017. Judge Furman set a May 28 hearing for an initial pretrial conference in Maurene Comey’s civil case.
The next hearing before Judge Jesse Furman is on May 28. S. Attorney's Office for the Southern District of New York. S. Maurene Comey was assigned high-profile cases and consistently received the highest accolades from supervisors and peers.
Maurene Comey prosecuted high-profile defendants including Sean Combs, Robert Hadden, Jeffrey Epstein and Ghislaine Maxwell. ' Maurene Comey has joined a private law practice. In a separate development, an appeals court ruled that the Defense Department can require journalists to be escorted on Pentagon grounds while the Trump administration appeals a judge's decision.
Court of Appeals for the District of Columbia Circuit on Monday. S. District Judge Paul Friedman.
Last fall, the Pentagon required reporters who cover the military to sign on to restrictions to maintain daily access to the building. Media organizations including CBS News, ABC News, NBC News, CNN and Fox News declined to sign on to the new Pentagon rules. The New York Times sued the Pentagon over the press access policy.
Circuit Judges Justin Walker and Bradley Garcia wrote the majority opinion in the appeals ruling. Justin Walker is a Trump nominee and Bradley Garcia is a Biden nominee. Biden-appointed Circuit Judge J.
Michelle Childs dissented from the 2-1 majority ruling. Judge J. ' Defense Department spokesperson Sean Parnell said the department welcomes the panel's decision and looks forward to arguing the merits of its full case before the same panel.
Sean Parnell stated on social media that unescorted access to the Pentagon has led to the regular unauthorized disclosure of sensitive and classified national defense information. Sean Parnell stated that since implementing the current access policy, the Department has seen a meaningful reduction in unauthorized disclosures, which can endanger lives of service members, intelligence personnel, and allies.
Theodore Boutrous, an attorney for The New York Times, said the panel's ruling is a narrow, preliminary one that casts no doubt on the strength of the newspaper's constitutional arguments.
Theodore Boutrous said The New York Times looks forward to defending the full scope of the district court's rulings in its favor in the appeal. A federal judge in New York blocked the Justice Department's attempt to move Maurene Comey's lawsuit over her firing out of court on Tuesday.
The Justice Department argued that Maurene Comey's case belongs before the Merit Systems Protection Board and not in federal district court.
Judge Jesse Furman decided the case belongs in federal court because Maurene Comey was fired pursuant to the president's executive authority and not usual procedures for civil servants.
Key Facts
Story Timeline
6 events- 2026-04-28
Federal judge rules Maurene Comey's lawsuit belongs in federal court, blocks DOJ move.
3 sourcesThe Boston Globe · ABC News · @thehill - 2026-04-27
Appeals court rules Pentagon can require escorted access for journalists during appeal.
1 sourceCBS News - 2026-04-09
Judge Paul Friedman rules Pentagon violated order on press access.
1 sourceCBS News - 2025-09
Maurene Comey files lawsuit over her firing.
2 sourcesThe Boston Globe · ABC News - 2025
Maurene Comey fired from U.S. Attorney's Office.
2 sourcesThe Boston Globe · ABC News - 2017
President Trump fires James Comey as FBI director.
1 sourceThe Boston Globe
Potential Impact
- 01
Further legal proceedings in both cases, with hearings set for May.
- 02
Continued restrictions on Pentagon press access, affecting media reporting on military matters.
- 03
Media organizations may pursue additional challenges to Pentagon policy.
- 04
Potential for discovery in Comey's case, revealing details of her firing process.
- 05
Possible influence on perceptions of Trump administration's handling of personnel and media.
Transparency Panel
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