Department of Justice DOJ lawsuit wrongful termination U.S. attorney Maurene Comey James Comey Civil Service Reform Act federal lawsuit Article II Judge Jesse Furman

A federal judge has rejected the Department of Justice’s attempt to dismiss a lawsuit filed by former U.S. Attorney Maurene Comey, who alleges she was wrongfully terminated in July.

Comey claims her termination was “solely or substantially” due to her father being former FBI Director James Comey, a frequent target of President Donald Trump’s public criticism. Her dismissal from the U.S. Attorney’s Office in the Southern District of New York was justified in a notice citing Article 2 of the U.S. Constitution, which grants the president executive power.

Rather than directly refute Comey’s allegations, the DOJ argued that her claim should be resolved through the Merit Systems Protection Board, established under the Civil Service Reform Act (CSRA) of 1978. However, in a 27-page order issued on Tuesday, District Judge Jesse E. Furman ruled that the case does not fall under the CSRA’s jurisdiction.

Judge Furman’s Ruling:

“Comey’s case does not fall within the purview of the CSRA’s scheme because she was fired pursuant to Article II of the Constitution, not pursuant to the CSRA itself.”

The judge ordered the government to respond to Comey’s claims within two weeks and scheduled a pretrial conference for one month from the ruling date.

Source: The New Republic
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