The Justice Department cites Article II to defend Maurene Comey’s dismissal, saying President Trump and the attorney general can fire prosecutors without cause. Her lawsuit alleges she was fired because of her father, James Comey, her perceived political beliefs, or both.
Comey sued on Sept. 15, 2025, alleging a First Amendment violation. At a Sept. 18 hearing, DOJ lawyer Tyler Becker said the department had not claimed her family ties were the reason for the firing, though he referred to possible “trust issues” linked to family relations. Judge Jesse Furman pressed him on the “nexus” between her family and job. Comey’s lawyer argued that a family-related link would be unconstitutional; DOJ also told the court that Pam Bondi directed the firing.
Former Manhattan prosecutor Jackie Kelly, speaking generally and not about Comey’s case, said line prosecutors work under several layers of supervisors and can be fired for cause, but performance problems should be spelled out. Comey secured a guilty verdict against Sean “Diddy” Combs two weeks before receiving the July 16 termination letter; her earlier prosecutions included cases involving Jeffrey Epstein, Ghislaine Maxwell and Robert Hadden.
