Trump’s 'Executive Power' Defense Fails to Stop Maurene Comey’s Case
A federal judge ruled that Maurene Comey's wrongful termination lawsuit can proceed in court, rejecting the Trump administration's argument that her firing under presidential executive power must be reviewed by an executive agency. The judge determined the court has jurisdiction because her dismissal was based on Article II of the Constitution, not statutory civil service procedures. Maurene Comey, a former prosecutor who led high-profile cases including the prosecution of Sean 'Diddy' Combs, claims she was fired due to her father's identity or her perceived political beliefs. The Department of Justice has been ordered to respond to her claims, with a pretrial conference set for May 28.
- ▪Maurene Comey was fired in July 2025 from her role as an assistant U.S. attorney without cause or due process, according to her lawsuit.
- ▪She alleges her termination was politically motivated, linked to her father James Comey, whom President Trump fired in 2017.
- ▪Judge Jesse M. Furman ruled the case falls outside the jurisdiction of the Merit Systems Protection Board because it involves constitutional executive power, not civil service statutes.
- ▪The court rejected the administration’s claim that Comey must first seek relief through executive branch channels.
- ▪Comey is seeking reinstatement, back pay, and other remedies for what she calls an unlawful and unconstitutional dismissal.
Opening excerpt (first ~120 words) tap to expand
By Jenna SundelNews ReporterShareNewsweek is a Trust Project memberSee more of our trusted coverage when you search.Prefer Newsweek on Googleto see more of our trusted coverage when you search.A federal judge allowed a wrongful termination lawsuit brought by Maurene Comey, a former federal prosecutor and the daughter of former FBI Director James Comey, to move forward in federal court on Tuesday, rejecting claims that the firing under President Donald Trump's "executive power" should be handled by an executive branch agency.Judge Jesse M. Furman for the Southern District of New York ruled that the court has jurisdiction to hear the case.
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