DOJ defends Maurene Comey's firing; Judge Furman rules it unlawful
DOJ argues that executive removal power defeats civil-service restrictions on firing Maurene Comey. Judge Jesse Furman rejects that defense and awards retroactive relief. Her lawyers endorse the ruling; DOJ plans an appeal.
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Published by The Dispute Index editorial teamPublished Updated
Overview
Judge Jesse Furman ruled that DOJ unlawfully fired Maurene Comey and ordered retroactive relief through December 20, 2025. DOJ disputes the ruling and intends to appeal. The disagreement centers on whether civil-service limits can constitutionally constrain executive removal authority.
Read the full background
Furman's October 26 opinion (opens in a new tab) holds that the Civil Service Reform Act limited removal authority and that the firing violated those limits. The remedy covers the period from termination through December 20, 2025, when the court infers Comey accepted another job.
DOJ argued that the attorney general had statutory removal authority and that Article II prevented the asserted restriction on executive power. Its spokesperson said the department disagrees and intends to appeal (opens in a new tab).
The ruling leaves the First Amendment claim for further proceedings. It therefore should not be read as a final resolution of every allegation about political motive.
Timeline
2 timeline entries on this page. Dates: July 16, 2025 to October 26, 2026
July 2025
DOJ terminates Maurene Comey's employment
Incident
The termination invokes Article II and federal law. Comey later challenges the dismissal in federal court.
[01]Comey v. DOJ: October 26 opinion and order
Judge Jesse Furman rules on statutory and constitutional challenges to Maurene Comey's firing. The opinion separately addresses claims that remain unresolved.
Comey v. DOJ: October 26 opinion and orderNo. 1:25-cv-07625-JMF, Document 96; pages 3-4, 16-17 and 53-55
October 2026
Furman rules the firing unlawful and orders retroactive relief
Source release
The opinion grants specified statutory and constitutional claims and orders relief through December 20, 2025. It reserves the First Amendment claim, back-pay amount and fees, while disposing of other claims.
[01]Comey v. DOJ: October 26 opinion and order
Judge Jesse Furman rules on statutory and constitutional challenges to Maurene Comey's firing. The opinion separately addresses claims that remain unresolved.
Comey v. DOJ: October 26 opinion and orderNo. 1:25-cv-07625-JMF, Document 96; pages 3-4, 16-17 and 53-55
Response record
Responses
Choose one response filter, or select All responses to see the full record.
3 responses. Newest first.
Jesse FurmanU.S. district judge, Southern District of New YorkDirectly involved Before this statement
The opinion considers statutory removal power, civil-service protections and the government's Article II defense.
"For the reasons set forth above, the Court concludes that Comey’s removal was unlawful."
CondemnedCase context: DOJ defends Maurene Comey's firing; Judge Furman rules it unlawful
Full statement and sources
Furman concludes that the removal violated statutory limits and grants relief for the period before Comey took another job.
After the statement
The court rules for DOJ on Count Three, dismisses Counts Seven through Ten, and reserves Count Four for supplemental briefing. Back-pay amount and fees also remain unresolved.
Comey v. DOJ: October 26 opinion and orderNo. 1:25-cv-07625-JMF, Document 96; pages 3-4, 16-17 and 53-55Why this label?
The reference is DOJ's firing of Comey. The ruling expressly rejects the legality of that action.
This label describes the statement's response within the context above.
United States Department of JusticeU.S. Department of Justice, through a spokespersonDirectly involvedBefore this statement
Furman rejects the department's statutory and constitutional defenses.
"disagrees with this decision and will appeal in due course."
Defended or excusedCase context: DOJ defends Maurene Comey's firing; Judge Furman rules it unlawful
Full statement and sources
A DOJ spokesperson says the department disagrees with the ruling and will appeal it.
After the statement
The statement gives an intention to appeal rather than documenting an appeal notice.
DOJ and Maurene Comey's legal team respond to firing rulingDOJ spokesperson and joint statement by Comey's lawyersWhy this label?
The reference is DOJ's removal of Comey. Its announced appeal continues its defense of the removal against the ruling that it was unlawful.
This label describes the statement's response within the context above.
Margaret DonovanCounsel for Maurene ComeyDirectly involved Before this statement
CBS attributes this response jointly to the four named lawyers.
"the President is not above the law"
CondemnedCase context: DOJ defends Maurene Comey's firing; Judge Furman rules it unlawful
Full statement and sources
Donovan joins Ellen Blain, Nicole Gueron and Deepa Vanamali in praising the ruling and rejecting the government's claim of unrestricted executive power.
After the statement
Their response treats the ruling as a victory for Comey and other civil servants.
DOJ and Maurene Comey's legal team respond to firing rulingDOJ spokesperson and joint statement by Comey's lawyersWhy this label?
The reference is Comey's firing. The joint statement expressly supports the ruling against it and rejects the executive-power defense.
This label describes the statement's response within the context above.
Sources
(2)
Original text
Comey v. DOJ: October 26 opinion and order
Relevant passage: No. 1:25-cv-07625-JMF, Document 96; pages 3-4, 16-17 and 53-55
About this source
Judge Jesse Furman rules on statutory and constitutional challenges to Maurene Comey's firing. The opinion separately addresses claims that remain unresolved.
- Author
- Jesse M. Furman
- Published
- Accessed
Reporting
DOJ and Maurene Comey's legal team respond to firing ruling
Relevant passage: DOJ spokesperson and joint statement by Comey's lawyers
About this source
CBS reports DOJ's intention to appeal and a joint statement by Ellen Blain, Nicole Gueron, Deepa Vanamali and Margaret Donovan.
- Author
- Melissa Quinn
- Published
- Accessed
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- Title
- DOJ defends Maurene Comey's firing; Judge Furman rules it unlawful
- First published
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The Dispute Index. "DOJ defends Maurene Comey's firing; Judge Furman rules it unlawful". First published: 2026-10-26. Last updated: 2026-10-26. https://disputeindex.com/cases/maurene-comey-firing-doj-furman-removal-power