Judge: Trump DOJ illegally fired ex-FBI director’s daughter, Maurene Comey, as a federal prosecutor

Furman rejected the government’s claim that Comey could be fired because federal prosecutors exercise the president’s “conclusive and preclusive” powers.

He said the government’s claim that Congress is barred from regulating the removal of federal prosecutors “flies in the face of nearly two centuries of Supreme Court precedent.”

Furman added: “Indeed, to accept Defendants’ argument would be to unsettle the very equilibrium established by this Nation’s constitutional system.”

The firing violated the separation of powers, the Administrative Procedure Act and her Fifth Amendment due process and statutory rights, the judge ruled.

Furman reserved judgment on Comey’s First Amendment claim pending further arguments to be submitted by each side, though he said he was inclined to dismiss the claim because it was largely moot since she is now in private practice and no longer seeks actual reinstatement.

The judge granted Comey retroactive reinstatement and back pay from the date of her firing through Dec. 20 to “make her whole” and ensure that she doesn’t suffer adverse employment consequences for the “unlawful termination.”

Comey’s lawyers, Ellen Blain, Nicole Gueron, Deepa Vanamali and Margaret Donovan, lauded the ruling.

“This hard-earned victory belongs to Ms. Comey, to all civil servants, and to all fighting for the rule of law,” they said in a statement. “As the Court correctly held, to accept the government’s argument about unlimited executive power ‘would be to unsettle the very equilibrium established by this Nation’s constitutional system.’ This decision reaffirms our bedrock system of checks and balances: the President is not above the law.”

The Justice Department didn’t immediately respond to an email seeking comment.

The Justice Department during the Trump administration has fired scores of career employees, including prosecutors and FBI agents, who participated in investigations of President Donald Trump or who were perceived as opposed to the administration’s agenda. Some of those firings have also resulted in federal lawsuits.

The firing of Maurene Comey was seen as particularly personal, given her father’s longtime adversarial relationship with Trump.

The president fired James Comey as FBI director in May 2017 as the bureau was investigating ties between Russia and the Republican’s successful 2016 campaign for the White House. Trump in the years since has repeatedly called for Comey to be jailed, and his Justice Department has worked with mixed success to make that happen.

An earlier criminal case accusing James Comey of having lied to Congress in 2020 was dismissed by a judge who concluded that the prosecutor who filed the charges was illegally appointed. A separate pending indictment charges the former FBI director with threatening Trump through an Instagram photo of seashells in the numerical arrangement of “86 47,” a case he has sought to dismiss that some legal experts have greeted with skepticism.

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Tucker and Durkin reported from Washington.

Michael R. Sisak, Eric Tucker, Alanna Durkin And Larry Neumeister, The Associated Press

by The Canadian Press

Judge: Trump DOJ illegally fired ex-FBI director’s daughter, Maurene Comey, as a federal prosecutor

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