Judge orders DOJ to pay former prosecutor $40,000 in back wages

The Justice Department lost a bid to keep a former prosecutor out of her job, triggering an immediate financial obligation for the federal government. U.S. District Judge Jesse Furman ordered the department to reinstate Maurene Comey, the daughter of former FBI Director James Comey, after finding her dismissal violated constitutional and statutory standards.

The court awarded Comey back pay covering the period from her termination in July 2025 through December 20, 2025. This date marks the start of her new employment, capping the retroactive compensation at approximately $40,000. The ruling reverses the department's decision to remove her after nearly a decade of service in the Southern District of New York.

Furman determined that the abrupt firing breached the separation of powers and Comey's Fifth Amendment due process rights. He rejected the administration's argument that career prosecutors can be removed at will without cause. The judge noted that the department's stance created a new theory of executive authority that conflicted with nearly two centuries of Supreme Court precedent.

The Justice Department stated it disagrees with the decision and plans to appeal. A spokesperson said the department would address the matter in due course. Comey's legal team, including Ellen Blain and Nicole Gueron, released a joint statement praising the ruling as a reaffirmation of checks and balances. They described the outcome as a victory for civil servants and the rule of law.

Comey previously handled high-profile cases, including the prosecutions of Sean "Diddy" Combs, former Senator Bob Menendez, and Jeffrey Epstein. She alleged the firing stemmed from President Donald Trump's longstanding conflict with her father, who was removed as FBI Director in 2017. The department later confirmed that then-Attorney General Pam Bondi directed the removal, though the judge found Bondi failed to follow required legal procedures.

The ruling arrives as the administration continues to pursue a separate criminal case against James Comey. That case centers on a photo of seashells that officials claim constituted a threat against Trump. A judge has delayed the case until at least early 2027 while deciding whether to dismiss it. Comey's team argues the prosecution is a retributive measure rather than a good-faith application of federal law.

Furman's opinion noted that the administration has used similar removal theories for other executive branch employees. He stated the decision should help clarify the legal limits on executive power regarding the removal of career officials who previously held protection from such actions.