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Federal Judge Rules Maurene Comey's Firing Lawsuit Can Proceed in 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.
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A federal judge in New York ruled on Tuesday that Maurene Comey's lawsuit alleging wrongful termination from her position as a prosecutor should remain in federal court, rather than being directed to administrative proceedings. The ruling stated that the reason given for her firing—Article II of the U.S. Constitution, which vests executive power in the president—places the case outside the standard process for federal employee disputes under the Civil Service Reform Act.
According to the judge's order, "the sole reason provided for her termination was Article II," and this invocation of presidential authority means the case does not fall under the Merit Systems Protection Board's jurisdiction.
Maurene Comey, who served as an assistant U.S. attorney in the Southern District of New York, filed the lawsuit claiming her dismissal on December 23, 2023, was "solely or substantially" due to her father's identity as former FBI Director James Comey or her own perceived political affiliations.
" The department further contended that the firing was a personnel decision within executive discretion and not subject to immediate judicial review.
" The judge has scheduled an initial pretrial conference for May 28.
James Comey was dismissed as FBI director by then-President Donald Trump in 2017. The Justice Department has not publicly detailed additional reasons for Maurene Comey's termination beyond the Article II reference, according to available court documents. No statements from named Justice Department officials regarding the specifics of the firing appear in the source materials.
In a separate ruling, the U.S. Court of Appeals for the District of Columbia Circuit decided 2-1 on Monday that the Defense Department can continue requiring journalists to be escorted on Pentagon grounds while appealing a lower court decision. The majority opinion, written by Circuit Judges Justin Walker and Bradley Garcia, stayed a ruling by U.S. District Judge Paul Friedman that had blocked the escort policy.
