NEW YORK, NY — A federal judge has cleared the way for former prosecutor Maurene Comey to pursue her wrongful termination lawsuit in federal court, rejecting the Justice Department’s attempt to push the case into an administrative review system.
In a significant ruling, U.S. District Judge Jesse M. Furman found that Comey—an experienced former Assistant U.S. Attorney in Manhattan—can challenge her firing directly in district court, rather than being forced to go through the Merit Systems Protection Board (MSPB).
Termination Tied to High-Profile Political Context
Comey, who spent nearly a decade prosecuting major cases in the Southern District of New York, was fired in July 2025. According to court filings, she was notified by email that her removal was effective immediately and based on the President’s constitutional authority under Article II.
Her lawsuit alleges she was terminated not for job performance, but because of her father—former FBI Director James Comey—or her perceived political views.
The complaint points to public calls by political figures for her removal in the months leading up to her firing.
DOJ Argued Case Belonged Outside Federal Court
The Justice Department did not challenge Comey’s version of events at this stage. Instead, it argued the case should be dismissed because federal employment disputes are typically handled through the Civil Service Reform Act (CSRA).
Under that system, claims are first reviewed by the MSPB and then appealed to a federal circuit court, bypassing district courts entirely.
Judge Finds Exception to Administrative Process
Judge Furman ruled that this case falls outside that framework. The key factor: Comey was fired under constitutional authority, not under procedures outlined in the CSRA.
Because the government relied solely on Article II powers to justify the termination, the court found Congress did not intend for such claims to be routed through the MSPB system.
That distinction allows Comey to proceed directly in federal court.
—
Key Points
• Judge allows Maurene Comey’s wrongful termination lawsuit to proceed in federal court
• DOJ argument to move case to administrative board rejected
• Court says firing under Article II places case outside standard federal employee review system
—
Case Moves Forward on Merits
The ruling does not determine whether Comey’s firing was unlawful, only that the court has jurisdiction to hear the case. The decision sets up the next phase, where the claims themselves will be tested.
Current Status
Comey’s lawsuit against the Department of Justice will continue in federal court in New York, with the jurisdictional challenge resolved in her favor.
Keywords: Maurene Comey lawsuit, DOJ termination case, federal employment law