Court finds it illegal to dismiss a daughter of former FBI director

Court finds it illegal to dismiss a daughter of former FBI director

A U.S. federal judge found it illegal to dismiss Maurene Comey, daughter of former FBI director James Comey, who was removed in July 2025 from the position of prosecutor in New York.

© Peter Foley/Bloomberg via Getty Images


26/10/2026
by

Lusa

Maurene Comey

Uu.S. federal judge today found the dismissal of Maurene Comey, daughter of former FBI director James Comey, dismissed in July 2025 from the position of prosecutor in New York.

 

Judge Jesse M. Furman concluded that the Department of Justice had no legal basis for firing the magistrate, who served for a decade and participated in some of the most prominent court cases in the United States.

In the decision, Furman pointed out that Maurene Comey consistently received “the greatest compliments from her superiors and colleagues” throughout her career.

After dismissal, the former prosecutor filed a lawsuit against the Department of Justice and others responsible, claiming that the decision violated the constitutional separation of powers, the First Amendment and the procedural guarantees provided for in the Fifth Amendment to the American Constitution.

Maurene Comey claimed that she was removed because she was the daughter of James Comey, former FBI director and political opponent of President Donald Trump, or because of his alleged convictions and political affiliations.

The judge rejected the Government's argument that federal prosecutors can be freely removed by exercising exclusive and definitive powers of the President.

“The court concludes that the defendants are wrong,” Furman wrote in the decision.

The magistrate considered that the thesis according to which Congress is prevented from regulating the removal of federal prosecutors runs counter to almost two centuries of U.S. Supreme Court jurisprudence.

“ In fact, accepting the defendants’ argument would disturb the very balance established by this nation’s constitutional system,” Furman added.

The decision represents a judicial setback for the Department of Justice, which defended the presidential authority to determine the removal of federal prosecutors.

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