Trump’s Firing of Maurene Comey Dealt Blow to Constitution, Judge Rules

Judge Jessie Furman is ordering Maurene Comey reinstated as a federal prosecutor in what is a clear repudiation of the Trump administration’s effort to fire her as an act of ‘conclusive and preclusive’ presidential power.Judge Furman’s ruling on Monday grants Ms. Comey retroactive reinstatement and backpay effective from the date of her termination through December 20, 2025 — the day she joined the Patterson Belknap Webb & Tyler law firm. He adds that the remedy he prescribes will make Ms. Comey “whole for the period during which she was unlawfully terminated and ensure that she suffers no adverse employment consequences for that unlawful termination.” Ms. Comey, the daughter of the former FBI director, James Comey, spent 10 years as a federal prosecutor at the Southern District of New York. Judge Furman writes that in that capacity “she was assigned some of the country’s highest profile cases and consistently received the highest accolades from supervisors and peers alike.” One of her colleagues earlier reported that she was “the lawyer the office turns to when legal excellence is a must.” Last year, though, Ms. Comey was fired when she received a terse email stating only that she was being terminated “pursuant to Article II of the United States Constitution and the laws of the United States.” She immediately filed a civil lawsuit contending that her firing violated termination as a violation of the constitutional separation of powers and the First and Fifth Amendments.In a letter to colleagues at the United States attorneys office penned after she was fired, Ms. Comey thundered that “If a career prosecutor can be fired without reason, fear may seep into the decisions of those who remain.” Fear is the tool of a tyrant, wielded to suppress independent thought. Instead of fear, let this moment fuel the fire that already burns in the heart of this place. A fire of righteous indignation at abuses of power. Of commitment to seek justice for victims.” Ms. Comey, who led the prosecutions of Jeffrey Epstein, Ghislaine Maxwell, and Sean “Diddy” Combs, asserts that she was relieved of her duties “solely or substantially” because she is the daughter of Mr. Comey, an adversary of President Trump who is himself facing criminal charges. Ms. Comey also cites “her perceived political affiliation and beliefs” as unlawful motivations for her firing.The Trump administration argued that “Congress may not regulate, let alone limit, the removal of federal prosecutors because federal prosecutors exercise the President’s ‘conclusive and preclusive’ powers”— meaning the heartland of executive authority. Judge Furman, though, concluded that the Constitution’s Appointments Clause delegates to Congress the power to restrict the president’s ability to fire “inferior officers” — like assistant United States attorneys. Judge Furman, an appointee of President Obama, writes in his ruling that to accept Mr. Trump’s “argument would be to unsettle the very equilibrium established by this Nation’s constitutional system.” He adds that while in the early days of the Republic the ranks of the civil service were furnished by a “spoils system,” Congress has subsequently claimed a role in imposing layers of restraint on the president’s ability to fire federal prosecutors such as Ms. Comey.Those restraints mostly take the form of the demand that the firing of United States attorneys adhere to the rudiments of due process. These include at least 30 days’ advance written notice, “a reasonable time” to respond orally and in writing, legal counsel, and “a written decision and the specific reasons” for the firing. Ms. Comey, though, “received no notice or reason for the termination decision, and she was provided with no opportunity to respond.”Ms. Comey writes in her complaint that when she asked her superior, United States Attorney Jay Clayton, for the basis for her termination, he responded, “All I can say is it came from Washington. I can’t tell you anything else.” The erstwhile White House press secretary, Karoline Leavitt, declared that the decision to fire her “was made by the Department of Justice.” The Department of Justice adds that the firing was “ratified by” Attorney General Todd Blanche.Judge Furman notes that the social media influencer Laura Loomer — who is an informal adviser to Mr. Trump — pressed repeatedly for “James Comey’s liberal daughter and her Democrat husband” to be “FIRED from the DOJ immediately.” Ms. Loomer then took credit when Ms. Comey was fired. For Judge Furman, that indicates that the termination was improperly tainted by politics.

Trump’s Firing of Maurene Comey Dealt Blow to Constitution, Judge Rules

Trump’s Firing of Maurene Comey Dealt Blow to Constitution, Judge Rules

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