Judge orders $120,000 in back pay for former prosecutor fired by Trump administration

A federal judge ordered the Trump administration to provide back pay to Maurene Comey, a former assistant U.S. attorney, after ruling her July 2025 termination was illegal. The decision grants her compensation for the period between her firing on July 16, 2025, and December of that year. The court also awarded her retroactive reinstatement for that same timeframe.

U.S. District Judge Jesse Furman issued the ruling on Monday, stating that the administration overstepped executive authority by firing so-called inferior officers without cause. He rejected the government's argument that the president possessed the unilateral power to remove these employees regardless of protections established by Congress. Furman noted that accepting the administration's theory would unsettle the constitutional equilibrium established by the nation's system.

The judge criticized the government for inventing a new and expansive theory of executive power. He stated that the administration used this theory to remove other Executive Branch employees who had long held protections from removal. The ruling directly addresses the status of federal prosecutors, dismissing the idea that they serve as an extension of the president's conclusive and preclusive powers.

Comey served as an assistant U.S. attorney for the Department of Justice in Manhattan from 2015 until her dismissal. During her tenure, she handled cases against prominent figures including Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her legal team argued that her position was terminated because of President Trump's antipathy toward her father, former FBI Director James Comey.

James Comey led the FBI from 2013 to 2017 and was fired during Trump's first term. He has since become a visible critic of the president. In September 2025, Trump called on Attorney General Pam Bondi to pursue charges against his father and others, writing on social media that there was a great case and that justice must be served. Shortly after that post, the Department of Justice charged James Comey with lying to Congress. A judge dismissed that case in November, finding that the prosecutor, Lindsey Halligan, had been unlawfully appointed.

In April 2026, James Comey faced a separate charge accusing him of threatening Trump by sharing an image of seashells arranged to form the numbers 86 and 47 on social media. The administration argued that 86 is a term used in the restaurant industry to refer to throwing someone out, and 47 refers to the 47th president. Comey has denounced this case as an example of political persecution.

The ruling provides a legal setback for the administration, which has sought to fire federal employees perceived as out of step with presidential priorities. Critics have accused Trump of seeking retribution against perceived enemies. Since returning to office for a second term, the president has aimed to reduce the size of the federal government and remove prosecutors and investigators involved in cases he disagrees with.

The administration responded to Monday's decision by stating it disagrees with the ruling and will appeal in due course. The case highlights the ongoing tension between executive authority and congressional protections for federal civil servants. The Department of Justice has maintained that the president has wide latitude to fire employees without cause, a position the court has now rejected for this specific group of officials.