Obama judge rules Trump DOJ illegally fired James Comey's daughter, rejects sweeping Article II claim
An Obama-appointed New York federal judge ruled Monday that the Trump Justice Department unlawfully fired former FBI Director James Comey's daughter Maurene, rejecting the administration's sweeping claim of executive authority and warning that its argument threatened the nation's constitutional balance of power.The Justice Department acknowledged in court filings that Comey's firing was not for-cause and was not based on her performance, but argued that the attorney general had the authority to remove her under Article II of the Constitution."Defendants’ argument that [Constitution] Article II bars Congress from regulating the removal of AUSAs (assistant U.S.attorneys) flies in the face of nearly two centuries of Supreme Court precedent," Judge Jesse Furman wrote, adding that accepting the administration's argument would "unsettle the very equilibrium established by this nation's constitutional system."TRUMP’S FIRING POWER FACES TWIN SUPREME COURT TESTS, BUT ONE AGENCY MAY GET SPECIAL TREATMENTFormer federal prosecutor Maurene Comey and her father, former FBI Director James Comey, are seen in this split image.
Comey, a longtime U.S.prosecutor for the Justice Department, sued the Trump administration Monday, Sept.
15, over her abrupt firing earlier this year.(Photos via Getty Images) (Getty Images)A DOJ spokesperson told Fox News Digital the department disagreed with the decision and will appeal it in "due course." Furman ordered Comey retroactively reinstated and awarded back pay through Dec.
20, 2025, when she accepted another job.While federal law gives the attorney general authority to fire assistant U.S.attorneys, Furman ruled that Congress placed limits on that power through the Civil Service Reform Act (CSRA), which generally requires cause for termination and procedural protections for government workers.OBAMA JUDGE HALTS TRUMP FIRING BID AS DECADES-OLD LEGAL AUTHORITY TEES UP POSSIBLE MAJOR REVERSALALEXANDRIA, VIRGINIA - OCTOBER 08: Patrice Failor (L...