Maurene Comey, a federal prosecutor renowned for her handling of high-profile criminal cases involving Jeffrey Epstein and Ghislaine Maxwell, is contesting her sudden firing in July 2023 through a legal lawsuit. This case challenges former President Donald J. Trump's assertion of expansive presidential powers, particularly in relation to the dismissal of government officials.
In her lawsuit, filed in federal court in Manhattan, Ms. Comey, daughter of former F.B.I. director James B. Comey, claims she was not provided any justification for her termination. The lawsuit suggests that her dismissal stems from her familial ties to a prominent critic of the Trump administration and her perceived political beliefs. Ms. Comey is not alone in this; numerous federal prosecutors and Justice Department officials have faced similar abrupt dismissals during Trump's second term, often with vague references to Article II of the U.S. Constitution, which outlines presidential powers.
The lawsuit names several defendants, including the Office of the President, the Justice Department, Attorney General Pam Bondi, and others. Ms. Comey's legal team argues that her firing from the U.S. Attorney's Office for the Southern District of New York was unlawful. “The politically motivated termination of Ms. Comey — ostensibly under ‘Article II of the Constitution’— upends bedrock principles of our democracy and justice system,” the lawsuit asserts. It emphasizes that prosecutors like Ms. Comey should operate independently, without fear of political retribution, focusing solely on justice and the rule of law.
With a decade of experience, Ms. Comey was regarded as one of the most competent trial lawyers in the Manhattan prosecutor’s office. Her termination coincided with the White House's efforts to address frustrations among its supporters regarding the handling of files related to Epstein, who died in federal custody in 2019 while facing serious charges of sex trafficking. Maxwell, his associate, was convicted of similar offenses and sentenced to 20 years in prison.
The notification Ms. Comey received regarding her termination was brief and did not provide specific reasons, merely citing Article II. According to the lawsuit, U.S. Attorney Jay Clayton was unable to clarify the rationale behind her firing, reportedly stating, “All I can say is it came from Washington.”
The lawsuit posits that Ms. Comey’s firing was executed without proper cause, prior notification, or an opportunity for her to contest it, deeming the action unconstitutional. It claims her dismissal was retaliatory, motivated by her father's public criticisms of the Trump administration and her political affiliations.
According to the legal documents, there is no legal basis for the president to dismiss rank-and-file prosecutors, who are protected by civil service laws established by Congress. “Neither the president nor the Department of Justice have unlimited authority to remove prosecutors,” the lawsuit argues, emphasizing the need for due process in such dismissals. The lawsuit was filed by a team of lawyers including Nicole Gueron, Ellen Blain, Deepa Vanamali, and Margaret M. Donovan.
Following her termination, Ms. Comey became a target for far-right activist Laura Loomer, who publicly called for her dismissal on social media. Loomer celebrated the firing online, claiming credit for a so-called “pressure campaign” against Ms. Comey.
Ms. Comey’s lawsuit seeks not only back pay and legal fees but also her reinstatement, along with a prohibition against any retaliatory actions by the Trump administration without due process. The lawsuit highlights her exemplary career accomplishments since her hiring in 2015, where she successfully handled 11 trials and secured over 200 convictions. Notably, she served as co-chief of a unit focused on violent and organized crime, and later led the unit addressing public corruption cases.
Among her prominent cases, the investigations into Epstein and Maxwell have garnered significant media attention, particularly as renewed scrutiny arose this summer when a memo from Trump’s Justice Department claimed a review of Epstein-related files found no incriminating evidence linking him to high-profile individuals. This revelation sparked outrage among Trump supporters, who had hoped for more damaging information.
