NEW YORK — A Manhattan federal judge has determined that former federal prosecutor Maurene Comey’s wrongful termination lawsuit will move forward in federal court, rejecting government attempts to redirect the case to administrative proceedings.
U.S. District Judge Jesse M. Furman issued a written decision Tuesday stating that the constitutional grounds cited for Comey’s dismissal last year — specifically Article II of the Constitution granting executive authority to the president — places her case outside typical employment dispute procedures that usually handle conflicts between federal agencies and their workers.
The Justice Department has not yet responded to requests for comment regarding the ruling.
In her lawsuit filed in September, Comey argues that her termination was improper and motivated primarily by her family connection to former FBI Director James B. Comey, or due to assumptions about her political views, according to the judge’s summary of her claims.
During December court hearings, Judge Furman had previously denied Comey’s request to immediately begin collecting evidence about who authorized her firing and the circumstances surrounding it, acknowledging the government’s argument that the federal Merit Systems Protection Board should first review the dismissal.
Comey’s legal filing alleges that her removal — which occurred shortly after she successfully prosecuted high-profile cases including Sean “Diddy” Combs on prostitution-related charges — was retaliation connected to her father’s adversarial relationship with former President Trump. Trump terminated James Comey from his FBI director position in 2017.
The judge has scheduled a preliminary pretrial conference for May 28 to begin moving the civil case forward.
