DOJ Can't Block Maurene Comey Lawsuit Over Political Firing, Judge Rules
A federal judge denied DOJ's bid to move Maurene Comey's wrongful termination suit from federal court.
Why it matters: The decision keeps Comey's claims of politically motivated firing in open court, raising stakes for DOJ employment disputes. The ruling could clarify civil service protections—and the constitutional limits for federal prosecutors facing similar claims.
- On April 28, 2026, Judge Jesse M. Furman denied DOJ's motion to dismiss or transfer Comey's suit.
- Comey alleges she was fired for her, and her father's, opposition to former President Trump.
- DOJ cited Article II authority as basis for her firing but offered no public detail.
- Judge Furman ruled Article II claims put the case outside Merit Systems Protection Board jurisdiction.
Maurene Comey's lawsuit against the Department of Justice will remain in federal court after Judge Jesse M. Furman rejected DOJ's effort to move the case to the Merit Systems Protection Board (MSPB).
- Comey, former Assistant U.S. Attorney and daughter of ex-FBI Director James Comey, filed her complaint in September 2025 after her July 2025 firing.
- She alleges the termination was due to her family's perceived political opposition to Donald Trump, violating her First Amendment rights and federal civil service protections.
- The DOJ argued Article II of the Constitution gives them discretion to terminate certain appointees, but did not provide further explanation.
- Judge Furman's order, dated April 28, 2026, said the explicit constitutional citation "necessarily brings the case within this Court’s jurisdiction"—not that of the MSPB—for judicial review (per AP report).
Legal observers note the public nature of the proceedings may shape future disputes over prosecutorial independence, political discrimination, and how Article II relates to federal employment law. Judge Furman also commented that Comey was, by all accounts, an exemplary Assistant U.S. Attorney.
The pretrial conference is scheduled for May 28, 2026, with both sides expected to file substantive motions before then.
By the numbers:
- April 28, 2026 — Judge Furman's order issued.
- September 2025 — Comey filed her lawsuit after July 2025 firing.
- 1 — DOJ attempt to transfer case to MSPB denied.
What's next: The court will hold a pretrial conference on May 28, 2026, where further motions may be argued.