
Maurene Comey ruling offers hope of check on TrumpâÂÂs assault on rule of law
Legal experts welcome judgeâÂÂs rejection of firing of James ComeyâÂÂs daughter prosecutor but warn an appeal is likely
A recent legal ruling against an effort to fire the star-prosecutor daughter of a former FBI chief targeted by Donald Trump could send a strong message about politicized firings â and influence other judges weighing similar cases, legal veterans said.
Judge Jesse Furman ruled this week that the Department of JusticeâÂÂs firing of assistant US attorney Maurene Comey without cause was unlawful. Comey, the daughter of former FBI director James Comey, successfully litigated numerous high-profile cases during her tenure at the southern district of New York, including guilty verdicts against Ghislaine Maxwell and Sean âÂÂDiddyâ Combs.
âÂÂIt looks as if Judge Furman has completely vindicated her and rejected just about all of the arguments made by the government,â said Carl Tobias, Williams chair at the University of Richmond School of Law. âÂÂAnd so itâÂÂs really important to have this because of the way she was essentially summarily fired, and so it sets a valuable precedent.âÂÂ
The Department of Justice, which fired her without cause, had argued thatarticle II of the US constitution, which defines presidential power, imbued Trump and his attorney general with a right to fire line prosecutors â who are not political appointees.
But Furman this week rejected the departmentâÂÂs position, ruling ComeyâÂÂs firing was not greenlighted under any law and in fact, violated the Civil Service Reform Act.

The justice departmentâÂÂs claim âÂÂflies in the face of nearly two centuries of Supreme Court precedentâÂÂ, Furman said. âÂÂIt is also without merit. Indeed, to accept Defendantsâ argument would be to unsettle the very equilibrium established by this NationâÂÂs constitutional system.âÂÂ
For legal observers, FurmanâÂÂs decision is cause for optimism â even if optimism of the cautious sort â amid the Trump administrationâÂÂs alleged repeated attacks on the rule of law. While one judicial opinion does not a panacea make, they said, such a ruling can send a strong message and be considered by other judges weighing similar cases.
âÂÂOne thing I would caution is that itâÂÂs very clear the government will appeal this,â Tobias said. The justice department would do this via the second circuit court of appeals.
âÂÂI expect that Furman would be affirmed by that court, and then I assume the administration would then appeal to the US supreme court,â he added.
Then, it would up to the US supreme court to decide whether they even want to hear the case â and if they decline, the lower appeals court decision would stand.
âÂÂYou are seeing the courts step up and stop and prevent the administration when they are violating the rule of law,â said Neama Rahmani, founder of West Coast Trial Lawyers and a former federal prosecutor. Just this Monday, Los Angeles federal court judge David Carter rejected TrumpâÂÂs attempt to set aside 20,000 ballots in California, Rahmani noted.
âÂÂWhether itâÂÂs the supreme court and birthright citizenship, or even individual cases like this, there have been limited, I would say, rulings by the court that have limited what President Trump can do.âÂÂ
Like Tobias, Rahmani said the justice department can fight federal district and appeals court decisions. And, this kind of case does contain legal issues that might pique the supreme courtâÂÂs interest â especially if different federal appeals courts were to reach different conclusions.
If the supreme court did decide to hear arguments on ComeyâÂÂs case, it would by no means guarantee a check on TrumpâÂÂs power.
âÂÂThere are a lot of the justices on the supreme court that really donâÂÂt believe there should be much of any restrictions on what the president can do,â Rahmani said. âÂÂSo this is far from the silver bullet.âÂÂ
For now, though, FurmanâÂÂs decision can prove influential.
âÂÂThe decision can be used by other folks who do believe that they were terminated lawfully,â Rahmani said, adding, âÂÂIt is not binding at all, but itâÂÂs certainly something that judges look to with similar or exact same facts.âÂÂ
Elizabeth Wolstein, a partner at Schlam Stone & Dolan LLP and former Manhattan federal prosecutor in the civil division, said that a judgeâÂÂs decision in one case could potentially affect how other judgesâ weigh similar issues.
âÂÂIt doesnâÂÂt have any binding effect on another judge, even in the same district, as opposed to how a second circuit or US supreme court case would be binding,â Wolstein said. But, âÂÂif itâÂÂs well reasoned and persuasive, it is definitely going to be persuasive to another judge faced with a similar issue.âÂÂ
Comey filed suit over her ouster in September 2025. Comey said she neither received notice nor explanation of her firing. Instead, Comey on 16 July 2025 got a letter that stated âÂÂyour employment with the Department of Justice is hereby terminated, and you are removed from federal service effective immediately.âÂÂ
When Comey asked the then Manhattan US attorney, Jay Clayton, about this notice, he allegedly said âÂÂall I can say is it came from Washington. I canâÂÂt tell you anything else,â per court papers.
The Department of Justice has said ComeyâÂÂs firing was directed by the former US attorney general Pam Bondi and subsequently âÂÂratifiedâ by her successor, Todd Blanche.
ComeyâÂÂs lawyers and critics of the US president have claimed that she was fired because her father is longtime Trump foe James Comey. TrumpâÂÂs justice department has repeatedly tried prosecuting James Comey, this week making public its third case against him; one prior proceeding was dismissed, another is pending.
The department had defended the idea that someoneâÂÂs familial relations could be considered in termination proceedings.
Maurene ComeyâÂÂs legal team viewed FurmanâÂÂs ruling as a positive development in protecting the rule of law. ComeyâÂÂs attorneys are Ellen Blain, Nicole Gueron and Deepa Vanamali at Clarick Gueron Reisbaum, as well as Margaret Donovan at Koskoff Koskoff & Bieder.
âÂÂThe CourtâÂÂs decision is a complete rejection of this administrationâÂÂs sweeping claim to unchecked executive power, and it demonstrates that our constitutional system of checks and balances is alive and well,â the team said in a statement.
The justice department did not immediately respond to a request for comment on FurmanâÂÂs decision or claims of politically driven firings. In a statement, the White House rejected allegations that TrumpâÂÂs justice department is trying to punish opponents.
âÂÂUnlike Joe Biden, President Trump has not weaponized the Department of Justice against his political foes. The Department is focused on restoring law and order and keeping Americans safe,â Lauren Bis, a White House spokesperson, said in a statement. âÂÂThe results speak for themselves: Under President Trump, we have seen the largest decrease in violent crime in American history.âÂÂ
