Judge Orders Back Pay for Former Prosecutor Fired by Trump

Federal courts have long debated the extent of presidential power over the removal of government employees. A ruling issued on Monday clarifies those limits for a specific class of federal officials.

US District Judge Jesse Furman determined that the Trump administration acted outside its authority when it dismissed Maurene Comey from her position as an assistant US attorney. The judge granted Comey’s request for back pay covering the period from her firing on July 16, 2025, through December. He also ordered her retroactive reinstatement for that timeframe.

Furman rejected the administration’s argument that the president possesses unrestricted power to fire so-called inferior officers. The court held that such a view would disrupt the constitutional balance established by the separation of powers.

In his written decision, Furman stated that accepting the government’s position would unsettle the equilibrium of the nation’s constitutional system. He noted that the administration created a new theory of executive power to remove employees who had historically held protections from termination.

Comey served in the Manhattan office of the Department of Justice from 2015 until her dismissal. During her tenure, she prosecuted high-profile cases involving Jeffrey Epstein, Ghislaine Maxwell, and Sean Combs. Her legal team argued that her termination was motivated by President Donald Trump’s personal animosity toward her father, James Comey.

James Comey led the Federal Bureau of Investigation from 2013 to 2017. He was fired during Trump’s first term while the FBI investigated links between the Trump campaign and Russia. Since leaving the FBI, he has become a prominent critic of the president.

The ruling arrives as the administration continues to reshape the federal workforce. Trump has sought to reduce the size of the government and remove officials involved in cases he disputes. He also directed the Justice Department to pursue criminal charges against several critics, including his daughter’s father.

In a social media post on September 20, 2025, Trump called on Attorney General Pam Bondi to bring charges against James Comey and others. The president argued that the administration could no longer delay justice against those who impeached and indicted him.

Following that post, the Department of Justice charged James Comey with lying to Congress. A judge dismissed that case in November after finding the prosecutor, Lindsey Halligan, had been unlawfully appointed. In April, Comey faced a second set of charges alleging he threatened Trump by sharing an image of seashells arranged to form the numbers 86 and 47.

The administration responded to Monday’s ruling by stating it disagreed with the decision and would appeal. The case highlights ongoing tensions between the executive branch and federal employees who maintain independent roles within the Department of Justice.