{"id":693721,"date":"2026-10-27T12:49:41","date_gmt":"2026-10-27T12:49:41","guid":{"rendered":"https:\/\/buglecall.org\/?p=693721"},"modified":"2026-10-27T12:49:41","modified_gmt":"2026-10-27T12:49:41","slug":"james-comeys-daughter-wins-court-fight-over-doj-firing-another-legal-headache-for-trump-administration","status":"publish","type":"post","link":"https:\/\/buglecall.org\/?p=693721","title":{"rendered":"James Comey\u2019s daughter wins court fight over DOJ firing \u2014 another legal headache for Trump administration"},"content":{"rendered":"
\"\"<\/div>\n

U.S. District Judge Jesse Furman ruled that the Department of Justice (DOJ) owes Maurene Comey back pay.<\/p>\n

On Monday, the federal judge rejected<\/a> the Trump administration\u2019s argument that it had constitutional authority to fire former FBI Director James Comey\u2019s daughter, who had been working as a prosecutor until last year.<\/p>\n

\u201cDefendants\u2019 argument is contrary to an unbroken line of Supreme Court decisions dating back almost two centuries, and the Supreme Court itself has not formally overruled any of those decisions. That is sufficient, in itself, to reject the argument,\u201d reads a portion of Furman\u2019s 55-page opinion.<\/p>\n

He argued that his court does not have the jurisdiction to \u201coverrule\u201d prior Supreme Court cases \u201cholding that Congress can regulate and limit the removal of inferior officers,\u201d which would validate the Trump administration\u2019s position.<\/p>\n

Comey will not be returning to the position at the DOJ, as she has already taken another job since being terminated, but this ruling retroactively reinstates her employment and requires the department to provide her with back pay. It also \u201crestores pension benefits for the four-month period before she took that new role\u201d and \u201corders an update to her personnel file to reflect that she resigned instead of saying she was fired,\u201d according to\u00a0The Hill<\/a>.<\/p>\n

The DOJ reacted to the decision in an X post:<\/p>\n

\n

The Department disagrees with this decision, which obstructs President Trump\u2019s constitutional authority to fire individuals who wield executive power on his behalf. We intend to appeal the decision in due course.<\/p>\n

\u2014 DOJ Rapid Response (@DOJRR47) October 26, 2026<\/a><\/p>\n<\/blockquote>\n

\u201cThe Department disagrees with this decision, which obstructs President Trump\u2019s constitutional authority to fire individuals who wield executive power on his behalf. We intend to appeal the decision in due course,\u201d the department stated.<\/p>\n

The Obama-appointed judge largely avoided the First Amendment argument posed by Comey\u2019s lawsuit, which alleges she was removed from her former position as a Southern District of New York criminal prosecutor due to perceived political and ideological connection to her father. Furman instead chose to focus on the suggestion that firing her resulted in the violation of Congressional restrictions regarding the termination of U.S. attorneys.<\/p>\n

While the DOJ contended in its defense that these restrictions are not constitutional, Furman argued that the recent Supreme Court decision on congressional firing protections didn\u2019t extend to people like Comey.<\/p>\n

\u201cDefendants\u2019 contention that recent Supreme Court decisions have fatally undermined that precedent is not one that this Court, as a lower court, may accept. It is also without merit. Indeed, to accept Defendants\u2019 argument would be to unsettle the very equilibrium established by this Nation\u2019s constitutional system,\u201d he explained.<\/p>\n

<\/p>","protected":false},"excerpt":{"rendered":"

U.S. District Judge Jesse Furman ruled that the Department of Justice (DOJ) owes Maurene Comey back pay. On Monday, the federal judge rejected the Trump administration\u2019s argument that it had constitutional authority to fire former FBI Director James Comey\u2019s daughter, who had been working as a prosecutor until last year. \u201cDefendants\u2019 argument is contrary to… Continue reading James Comey\u2019s daughter wins court fight over DOJ firing \u2014 another legal headache for Trump administration<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"rop_custom_images_group":[],"rop_custom_messages_group":[],"rop_publish_now":"initial","rop_publish_now_accounts":[],"rop_publish_now_history":[],"rop_publish_now_status":"pending","footnotes":""},"categories":[17,22,13],"tags":[],"class_list":["post-693721","post","type-post","status-publish","format-standard","hentry","category-border-security","category-immigration","category-immigration-reform","entry"],"_links":{"self":[{"href":"https:\/\/buglecall.org\/index.php?rest_route=\/wp\/v2\/posts\/693721","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buglecall.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buglecall.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buglecall.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buglecall.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=693721"}],"version-history":[{"count":0,"href":"https:\/\/buglecall.org\/index.php?rest_route=\/wp\/v2\/posts\/693721\/revisions"}],"wp:attachment":[{"href":"https:\/\/buglecall.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=693721"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buglecall.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=693721"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buglecall.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=693721"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}