Judge Reinstates Maurene Comey After Unlawful Firing

A federal judge in Manhattan ruled on October 26, 2026, that the US Department of Justice unlawfully dismissed federal prosecutor Maurene Comey in July 2025, ordering her reinstatement and back pay. Judge Jesse Furman determined that the termination violated legal requirements governing federal civil service protections.

Comey, an assistant US attorney in the Southern District of New York, participated in the prosecutions of Jeffrey Epstein, his associate Ghislaine Maxwell, and Sean "Diddy" Combs. The ruling challenges the Justice Department's position on its authority to dismiss federal prosecutors without establishing legally sufficient grounds.

According to CNBC, Furman rejected arguments that former Attorney General Pam Bondi could remove Comey at will and that current Attorney General Todd Blanche could subsequently validate the dismissal. The judge also dismissed the department's contention that the termination implicitly established sufficient cause under the Civil Service Reform Act.

Furman explained that the Justice Department's constitutional argument would require overturning established Supreme Court precedent. He said the court must continue following those decisions unless the Supreme Court itself overturns them.

"This Court, however, is bound to follow the Supreme Court's precedents unless and until the Supreme Court overturns them," Furman wrote in his decision.

The judge also addressed the department's position that presidential executive authority under Article II of the Constitution permitted the attorney general to dismiss Comey. According to CNBC, Furman said the Justice Department's argument effectively sought to overturn nearly two decades of Supreme Court precedent.

Comey's dismissal also drew attention because of her family connection to former FBI Director James Comey, who has faced criticism from President Donald Trump. James Comey is currently being prosecuted over an Instagram photograph showing seashells arranged to form the number "86 47," which authorities have alleged constituted a threat against Trump's life. His attorneys are seeking dismissal of that case.

Following her own dismissal in July 2025, Maurene Comey sent a message to colleagues at the US Attorney's Office warning about the potential consequences for prosecutors if officials could be removed without justification.

"If a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain," she wrote in the message described by CNBC.

Comey also urged her former colleagues to respond to the situation by maintaining their commitment to justice rather than allowing intimidation to influence their work.

"Fear is the tool of a tyrant, wielded to suppress independent thought. Instead of fear, let this moment fuel the fire that already burns in the heart of this place," she wrote. "A fire of righteous indignation at abuses of power. Of commitment to seek justice for victims."

ABC News also reported on October 26, 2026, that Furman's decision found Comey's termination violated civil service rules. CNBC said it had requested comment on the ruling from the Justice Department, Comey's attorneys, and the White House.