FOLLOW US

America September 19, 2026 4 mins read

Maurene Comey Wants Her Job Back – Questions DOJ’s Legal Justification For Firing – Files Cross-Motion For Judgment On The Pleadings

America ı By Samuel Lopez

0 Comments

Untitled

Key Takeaways

  1. Maurene Comey is challenging DOJ's argument that Assistant U.S. Attorneys can be removed without cause under Article II and federal law.
  2. A federal judge pressed both sides Friday over whether civil-service protections limit presidential or attorney general removal authority.
  3. The case remains unresolved, with competing motions pending and discovery continuing in federal court.

By Samuel López | USA Herald

NEW YORK - Former federal prosecutor Maurene Comey returned to the center of a significant constitutional employment dispute Friday, arguing that the Justice Department's legal justification for firing her goes far beyond what federal law and the Constitution permit.

Comey, the daughter of former FBI Director James Comey (who was also fired from his job), sued the Justice Department after she was terminated from her position as an Assistant U.S. Attorney in the Southern District of New York on July 16, 2025.

Her termination memorandum identified Article II of the Constitution and "the laws of the United States" as the authority for removing her. According to the federal court's own account of the case, the government did not initially state that Comey had been terminated for misconduct, deficient performance or any other cause.

That distinction has become the heart of Comey v. United States Department of Justice, Case No. 1:25-cv-07625, pending before U.S. District Judge Jesse M. Furman in Manhattan.

On September 16, 2026, Comey filed her Reply Memorandum of Law in Support of her Cross-Motion for Judgment on the Pleadings. Comey alleges that she was removed because of President Donald Trump's longstanding hostility toward her father, or because of perceived political beliefs or affiliations attributed to her. The government disputes her legal theory and maintains that her removal was lawful.

DOJ's current argument is substantial. In its motion for judgment on the pleadings, the government contends that Article II gives the executive branch authority to remove prosecutors exercising executive prosecutorial power. DOJ separately relies on 28 U.S.C. § 542(b), which provides that each Assistant U.S. Attorney is "subject to removal by the Attorney General." The government argues that the Civil Service Reform Act does not override that authority.

Comey's lawyers disagree. They argue that career Assistant U.S. Attorneys are not simply political appointees who can automatically be dismissed for any reason and that federal civil-service protections, along with the First and Fifth Amendments, continue to impose meaningful limits on the government's removal power.

At Friday's September 18 hearing, Furman closely questioned DOJ's theory.

According to courtroom reporting, DOJ attorney Tyler Becker argued that prosecutors exercise executive authority on behalf of the United States and therefore must ultimately remain removable by the executive branch. Furman pressed the government on whether Congress may impose removal protections on inferior officers and whether DOJ's interpretation of § 542 conflicts with the government's historical treatment of career prosecutors.

Comey's attorney Jennifer Blain countered that her client was effectively punished because of her family relationship with James Comey, telling the court that Comey was being fired "because of her DNA." Comey's position is that Article II does not eliminate statutory employment protections merely because an employee works within the executive branch.

The dispute also presents a potentially consequential question extending beyond Comey herself: whether the executive branch's constitutional authority over prosecution permits the removal of career federal prosecutors without the ordinary protections Congress has created for certain federal employees.

No final ruling was issued Friday.

Furman has already rejected an earlier attempt by the government to dismiss the case on jurisdictional grounds. In an April 28 opinion, he concluded that Comey's challenge could proceed in federal district court rather than being forced exclusively through the Merit Systems Protection Board process. In that decision, Furman described Comey as, "by all accounts, an exemplary Assistant United States Attorney."

The court delivered another important procedural ruling on August 25 when Furman rejected DOJ's request to halt discovery. The judge said the discovery sought by Comey was relatively targeted and added that it appeared likely at least some of her claims would survive the pending motions and require factual development.

That does not mean Comey has won the case.

Both sides have motions before the court, and the constitutional question concerning executive removal authority remains unsettled in this litigation. Comey is seeking, among other remedies, declaratory relief, reinstatement, back pay and other relief arising from her termination.

Enjoyed this report? Stay connected to the stories shaping America's courts, government and emerging legal landscape. Get exclusive investigative reporting, breaking legal developments, national-security analysis and original USA Herald coverage delivered directly to you through the USA Herald newsletter.

👉 Follow USA Herald on X @RealUSAHerald

Previous Article

Agreement Entered Into With Denmark And Greenland Gives U.S. Permanent Control Over Security – ‘And All Other Needs’

Read More
1828 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America September 17, 2026
Starbucks Settles Florida DEI Lawsuit For…

Key Takeaways Starbucks has settled Florida’s lawsuit challenging the company’s…

By – Samuel Lopez
America September 17, 2026
Tyler Perry Plans Puerto Rico Move…

Key Takeaways Tyler Perry says he plans to move to…

By – Samuel Lopez
America September 17, 2026
New Balance Sues Decathlon Over Kiprun…

Key Takeaways New Balance claims Decathlon’s mirrored Kiprun “K” logo…

By – Samuel Lopez
America September 17, 2026
TV Azteca Files Chapter 15 in…

When a company’s debts stretch across borders, sometimes the restructuring…

By – Rachel Moore
America September 17, 2026
DNO to Acquire Capricorn in $400M…

Corporate takeover battles can play out like a chess match…

By – Rachel Moore
America September 17, 2026
Blueface Livestream Drama Raises Family Court…

Key Takeaways Repeated livestreams involving Blueface and Nevaeh Akira have…

By – Samuel Lopez
America September 17, 2026
Blueface Livestream Drama Raises Family Court…

Key Takeaways Repeated livestreams involving Blueface and Nevaeh Akira have…

By – Samuel Lopez
America September 17, 2026
F-16 Crash in Michigan Triggers Evacuation,…

Training exercises are meant to end quietly, with pilots landing…

By – Rachel Moore
America September 17, 2026
Infineon $1.1B Memory Unit Sale Hands…

Sometimes growing stronger means letting go of something valuable —…

By – Rachel Moore
America September 17, 2026
Rick Case 401(k) Settlement Ends Fight…

Retirement savings are supposed to grow slowly and predictably, like…

By – Tyler Brooks
America September 17, 2026
OpenAI $1.2T Valuation Talk Headlines Week…

Numbers this large tend to blur into abstraction — until…

By – Tyler Brooks
America September 17, 2026
Mark Walter Class Action Suit Alleges…

Numbers on an insurance disclosure form are supposed to tell…

By – Tyler Brooks
America September 16, 2026
Pentagon Admits Space Weapons Are Already…

Key Takeaways The U.S. has confirmed for the first time…

By – Samuel Lopez
And More September 14, 2026
Sydney Sweeney and Scooter Braun Celebrate…

Sydney Sweeney celebrated her 29th birthday with a public declaration…

By – Jackie Allen
America September 13, 2026
AI Whistleblowers:  Warnings  Coming From Inside…

AI Whistleblowers are increasingly sounding the alarm about the speed…

By – Jackie Allen
America September 13, 2026
Serena Williams’ Daughters Make History as…

Serena Williams has built one of the most decorated careers…

By – Jackie Allen
America September 13, 2026
KJ Biermann Faces Seven Felony Charges…

KJ Biermann, the 15-year-old son of “Real Housewives of Atlanta”…

By – Jackie Allen
America September 13, 2026
Team USA Reaches Women’s Basketball World…

BERLIN — Team USA advanced to the FIBA Women’s Basketball…

By – Jackie Allen
Breaking News September 17, 2026
Fed Rate Hike Adds to Americans’…

WASHINGTON — A Fed rate hike is adding to Americans’…

By – Michallie Harrison
America September 16, 2026
Ed Sheeran Macklemore Fallout Sparks Mass…

A concert tour is supposed to build momentum night after…

By – Tyler Brooks
America September 15, 2026
Oracle 6 AM Layoff Email Blindsides…

Most people wake up to alarms, coffee, maybe a weather…

By – Rihem Akkouche
America September 15, 2026
Electra Therapeutics’ $325M IPO Bets Big…

Traditional treatments for immune diseases often work like a wide-net…

By – Rihem Akkouche
America September 15, 2026
State Farm Sends Cash Back to…

Key Takeaways State Farm Mutual is distributing a record $5…

By – Samuel Lopez
America September 15, 2026
Why the Pentagon’s Space Weapons Admission…

Key Takeaways The Outer Space Treaty bans nuclear weapons and…

By – Samuel Lopez
America September 15, 2026
Massachusetts AG Joins 21-State Coalition Suing…

Key Takeaways Massachusetts Attorney General Andrea Campbell has joined attorneys…

By – Samuel Lopez
America September 14, 2026
TMZ Ties Itself to the Hayden…

Key Takeaways TMZ is reporting that law enforcement sources believe…

By – Samuel Lopez
America September 13, 2026
Bayer’s $7.25 Billion Roundup Settlement Faces…

Key Takeaways Bayer’s Monsanto unit will ask a Missouri judge…

By – Samuel Lopez
America September 13, 2026
Tylenol Maker and Pharmacy Chains Ask…

By Samuel López | USA Herald Tylenol maker Kenvue and…

By – Samuel Lopez
America September 13, 2026
Lawyers Are Getting Burned by AI…

Key Takeaways Courts across the country have been sanctioning lawyers…

By – Samuel Lopez
America September 10, 2026
41% of Lawyers Say Legal Careers…

Key Takeaways More than 41% of surveyed lawyers say the…

By – Samuel Lopez
America September 13, 2026
Team USA Reaches Women’s Basketball World…

BERLIN — Team USA advanced to the FIBA Women’s Basketball…

By – Jackie Allen
America September 11, 2026
Bears and RB Swift $33.75M Extension…

Sometimes the best deals get done before the clock even…

By – Tyler Brooks
America September 11, 2026
Skywatchers: Moonshadow Creates Dramatic Blood Moon…

A Moonshadow transformed the night sky Aug. 27 as the…

By – Jackie Allen
America September 6, 2026
Travis Kelce-Backed Club Car Wash Faces…

By Samuel López | USA Herald A fast-growing car wash…

By – Samuel Lopez
America September 6, 2026
‘DWTS’ Gleb Savchenko Lists $1.4 Million…

By Samuel López | USA Herald Factual Background Gleb Savchenko…

By – Samuel Lopez
America September 4, 2026
Trump Calls Tiger Woods DUI Plea…

In This Report Tiger Woods accepted reduced charges and surrendered…

By – Samuel Lopez

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter