Justice Department Seeks Dismissal of Maurene Comey's Lawsuit Over Firing

Thu Dec 04 2025 12:38:19 GMT+0200 (Eastern European Standard Time)

The U.S. Justice Department argues that Maurene Comey's lawsuit against her firing did not follow proper administrative procedures, seeking dismissal of her claims.

Maurene Comey, a former federal prosecutor, has had her lawsuit against the U.S. Justice Department challenged as improperly filed. The Justice Department claims she failed to comply with necessary administrative procedures. Comey's lawsuit suggests her firing was politically motivated due to her father's past role as FBI Director. The case raises issues about the appropriate forum for such claims, as well as implications concerning the independence of the Merit Systems Protection Board.

The U.S. Justice Department has filed a motion to dismiss a lawsuit brought by Maurene Comey, a former federal prosecutor, arguing that she did not adhere to required administrative procedures before taking legal action. This filing was made on Monday ahead of a scheduled hearing in Manhattan federal court.

In her September lawsuit, Comey accused the Justice Department and several other governmental entities, including U.S. Attorney General Pamela Bondi, of retaliating against her due to her father's identity, former FBI Director James Comey, who was fired by President Donald Trump in 2017.

According to the Justice Department, Comey’s claims are not filed appropriately as they lacked consideration by the Merit Systems Protection Board prior to the lawsuit. They further contend that Comey's notice of appeal should not be regarded as futile.

The Justice Department’s defense was presented in a joint letter submitted to Judge Jesse M. Furman, reinforcing that the Merit Systems Protection Board is the appropriate forum to determine the legitimacy of Comey’s claims regarding her removal.

On the contrary, Comey's legal team argues that the board is ill-equipped to handle the complexities of her case, asserting that it raises significant constitutional questions about the separation of powers and its independence from presidential influence is questionable.

John Sarcone, the U.S. Attorney in Albany, took over the case after New York prosecutors recused themselves. Comey had been notable for her work on high-profile cases, which included the convictions of Ghislaine Maxwell for sex trafficking and the bribery convictions of former U.S. Senator Bob Menendez.

Comey was also leading the prosecution team on a case involving music executive Sean Combs, who was convicted of lesser prostitution-related charges just weeks before her dismissal.

As these legal battles unfold, the implications of Comey’s case may resonate deeply within the framework of federal employment and the political intersection of public service.