DOJ Back Pay: Judge Orders $157,000 to Fired Prosecutor Maurene Comey

Judge Jesse Furman ordered the Department of Justice to pay $157,000 in back wages to Maurene Comey on Monday.

The ruling grants retroactive reinstatement for the period between her termination on July 16, 2025, and December 20, 2025. Furman determined that Comey accepted another position on the latter date, which capped the back pay calculation. The decision was issued in the U.S. District Court in Manhattan.

Furman rejected the department's claim that the attorney general held the constitutional authority to dismiss a career prosecutor without cause. The judge found that the Justice Department failed to provide advance written notice, a reasonable time for a response, or a specific written decision as required by the Civil Service Reform Act. The DOJ conceded that Comey was not afforded these procedural protections. The judge noted that Comey had received excellent performance reviews prior to her firing, with supervisors describing her as a brilliant lawyer and gifted supervisor. Furman stated that the government's argument that the attorney general's firing constituted an implicit determination of cause bordered on frivolous.

Comey's attorneys stated in a written release that the victory reaffirms the system of checks and balances. They argued that accepting the government's view of unlimited executive power would unsettle the constitutional equilibrium established by the nation's founding documents. The lawyers emphasized that the president is not above the law. The DOJ said it disagrees with the decision and intends to appeal in due course. The White House referred reporters to a post by the DOJ's Rapid Response account on X, which stated that the ruling obstructs President Trump's constitutional authority to fire individuals who wield executive power on his behalf.

Comey, the daughter of former FBI Director James Comey, prosecuted high-profile cases including those against Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs before her termination. Her lawsuit alleged that her firing stemmed from President Trump's animus toward her father. James Comey is currently under federal indictment for allegedly threatening Trump's life via an Instagram post. His attorneys are seeking to have that case tossed out, following the dismissal of a previous indictment.

The judge reserved judgment on Comey's First Amendment claim regarding her firing. Furman gave her until November 9 to file arguments on why that claim should not be dismissed as moot given the ruling in her favor on other grounds. The appeal process will begin after Furman issues a final judgment in the case.