Judge blocks DOJ’s attempt to move Maurene Comey’s wrongful termination suit out of court

(NEW YORK) — A federal judge in New York on Tuesday blocked the Justice Department’s attempt to move Maurene Comey’s lawsuit over her firing as a federal prosecutor out of court.

Comey, the daughter of former FBI director James Comey, has joined a private law practice but is suing for unlawful termination after she was fired last year from the U.S. Attorney’s Office for the Southern District of New York.

The Justice Department argued that her case belongs before the Merit Systems Protection Board and not in federal district court.

Judge Jesse Furman decided the case belongs with him because Comey was fired pursuant to the president’s executive authority and not the usual procedures for civil servants. 

“Maurene Comey was, by all accounts, an exemplary Assistant United States Attorney. In her nearly ten years working at the United States Attorney’s Office for the Southern District of New York, she was assigned some of the country’s highest profile cases, and she consistently received the highest accolades from supervisors and peers alike,” the judge’s opinion said.

“Comey was notified by email from Department of Justice officials in Washington, D.C., that her employment was terminated, effective immediately,” the judge wrote. “She was given one and only one reason for her removal: Article II of the U.S. Constitution, which ‘vest[s]’ the ‘executive Power’ in the President.”

The DOJ, in court filings, has characterized Comey’s case as routine.

“A federal employee’s claims that removal from federal service was arbitrary and capricious or conducted in a manner that did not provide the process to which they contend they were due is not a novel issue,” government attorneys said.

Comey, who prosecuted high-profile defendants including Sean Combs, Robert Hadden, Jeffrey Epstein and Ghislaine Maxwell, alleged she was fired “because her father is former FBI Director James B. Comey, or because of her perceived political affiliation and beliefs, or both.”

The next hearing before Judge Furman is May 28.