US District Judge Jesse Furman in New York ruled Monday that the Justice Department unlawfully fired Maurene Comey. Comey is a former assistant US attorney and the daughter of former FBI Director James Comey. In a 55-page opinion, Furman found that her July 2025 removal violated the Civil Service Reform Act and the separation of powers.

The department had argued that Article II of the Constitution lets the executive fire federal prosecutors at will. Furman rejected that theory. He ordered retroactive reinstatement and back pay through December 20, 2025, when he inferred she had taken another job. He wrote that the government "invented a new and expansive theory of executive power" and that accepting it would unsettle the nation's constitutional balance.

A Justice Department spokesperson said the department disagrees with the decision and will appeal. Comey has alleged she was fired because of President Donald Trump's feud with her father. That retaliation claim is her allegation, not a finding by the court. Her First Amendment claim is still pending, so the order is not final.

Comey had worked nearly a decade in the Southern District of New York on high-profile cases, including work tied to Ghislaine Maxwell and Sean Combs. Fox News notes that Furman is an Obama appointee. NBC News quotes his warning about the reach of the department's Article II claim. Both outlets report the same core holding and the planned appeal.

What we know: Furman found the firing unlawful under the CSRA and separation of powers. He ordered reinstatement and back pay. DOJ says it will appeal.
What we don't: Whether an appeal will reverse the order, and how the reserved First Amendment claim will be decided.