The U.S. District Court for the Southern District of New York recently ruled that the Trump administration’s dismissal of federal prosecutor Maurene Comey was unconstitutional, breaching the Civil Service Reform Act (CSRA). According to court documents, Judge Jesse Furman emphasized the procedural failings in Comey’s termination and underscored her exemplary performance as an Assistant U.S. Attorney (AUSA).
Under 5 U.S. Code § 7513 of the CSRA, an agency may only take disciplinary action if it serves to promote the efficiency of service, necessitating a 30-day notice and a chance for the employee to respond. The Justice Department, however, failed to meet these requirements when Comey was dismissed on July 16, 2025, under Article II of the Constitution without substantive explanation, despite her recent “Outstanding” performance review.
The government’s defense, based on Article II, contended that the president has the authority to remove subordinate executive officers. Still, Furman rejected this argument, noting that longstanding Supreme Court precedents allow Congress to limit the removal of inferior officers, such as AUSAs appointed by the Attorney General. Furman highlighted that assuming Comey was an inferior officer, the CSRA’s protections were applicable. These findings align with the Supreme Court’s position in Trump v. Slaughter, where similar statutory protections were upheld.
Maurene Comey, notably involved in the prosecutions of Sean “Diddy” Combs and Ghislaine Maxwell, began working on the Jeffrey Epstein case in 2019. Her firing occurred amid a turbulent political backdrop, with her father, former FBI Director James Comey, indicted twice post-2025 and sharing a contentious history with Trump, potentially fueling speculations about the motivation behind her dismissal.
The court’s decision to reinstate Comey, awarding back pay until she secured another job in December 2025, marks a significant reinforcement of statutory protections for federal employees. The ruling resonates amid broader debates surrounding the powers of the executive branch, reaffirming the procedural rights of government employees under established U.S. law.