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Former Southern District of New York prosecutor Maurene Comey claimed in a lawsuit on Monday that her removal from the U.S. Attorney’s office was “unlawful and unconstitutional,” potentially linked to her father’s identity.
Comey, who prosecuted high-profile defendants including Sean Combs, Robert Hadden, Jeffrey Epstein and Ghislaine Maxwell, was fired in July.
The lawsuit asserts that President Donald Trump, the Justice Department, Attorney General Pam Bondi, and other defendants did not specify a reason or offer her due process.
“In reality, there is no valid rationale. Defendants terminated Ms. Comey primarily due to her father being former FBI Director James B. Comey, or because of her assumed political views, or both,” the lawsuit stated, alluding to the former FBI director who Trump dismissed during his first term as president after he initiated the probe into claims of Russian interference in the 2016 election.
“Ms. Comey’s politically driven dismissal — purportedly under ‘Article II of the Constitution’ — undermines essential principles of democracy and the justice system. Assistant United States Attorneys like Ms. Comey must perform their duties without bias or allegiance to any political faction, adhering strictly to the law, facts, and the quest for justice,” the lawsuit added.
A representative of the Justice Department declined to comment on the suit when contacted by ABC News.
Comey recounted that she had just been given a prominent public corruption case when she received an email on July 16 at 4:57 p.m. with a memo notifying her that “your employment with the Department of Justice is hereby terminated, and you are removed from federal service effective immediately.”
Assistant U.S. Attorney Maurene Comey arrives at Federal Court for the Sean “Diddy” Combs trial, May 19, 2025, in New York.
Ted Shaffrey/AP
The lawsuit mentions that Comey’s supervisors “appeared visibly stunned and dismayed,” while Jay Clayton, the United States Attorney for the Southern District of New York, offered no justification.
“All I can say is it came from Washington. I can’t tell you anything else,” the lawsuit quoted Clayton as telling Comey.
Comey’s attorneys said the president lacks the authority to fire ordinary federal prosecutors, who are career civil servants, for perceived disloyalty.
“Neither the President nor the Department of Justice have unlimited authority to remove Assistant United States Attorneys,” the lawsuit said.
Comey is seeking reinstatement along with back pay.
