NEW YORK (AP) — On Monday, former federal prosecutor Maurene Comey filed a lawsuit against the U.S. government, seeking to reclaim her former position, citing her dismissal as politically motivated and in violation of constitutional rights.
The suit, filed in Manhattan federal court, claims her termination was influenced by her father, James Comey, previously the F.B.I. director, “or due to her perceived political stance and beliefs, or both.”
Comey aims to be reinstated and requests a judgment declaring her firing unconstitutional, specifically breaching the “Separation of Powers” clause of the U.S. Constitution.
“Defendants have not provided any explanation whatsoever for terminating Ms. Comey. In truth, there is no legitimate explanation,” the lawsuit said.
Since joining as an assistant U.S. attorney in 2015, Comey has successfully managed numerous cases. Her dismissal was communicated via email, accompanied by an attachment citing “Article II of the United States Constitution and the laws of the United States,” as the reason, according to her lawsuit.
James Comey was dismissed from his F.B.I. director position by President Donald Trump in 2017. The lawsuit highlights that since then, he has authored a memoir critical of Trump and continues to critique Trump and his administration publicly, with one particular social media post in May that Trump and others viewed as intimidating.
The lawsuit also points out that Maurene Comey’s dismissal in July came a day after her supervisors had tasked her with leading an important public corruption case and just three months following her most recent “Outstanding” performance review.
“The politically motivated termination of Ms. Comey — ostensibly under ‘Article II of the Constitution’ — upends bedrock principles of our democracy and justice system,” the lawsuit said. “Assistant United States Attorneys like Ms. Comey must do their jobs without fearing or favoring any political party or perspective, guided solely by the law, the facts, and the pursuit of justice.”
Named as defendants in the lawsuit were, among others, the Justice Department, the Executive Office of the President, U.S. Attorney General Pamela Bondi, the Office of Personnel Management and the United States.
A message for comment from the Justice Department was not immediately returned.
Comey’s July 16 firing came amid a spate of dismissals of prosecutors by the Justice Department without explanation, raising alarm that civil service protections meant to prevent terminations for political reasons were being overlooked.
Comey’s lawsuit noted that she was employed with protections under the Civil Service Reform Act governing how and why she could be terminated, including specific prohibitions against termination for discriminatory reasons such as political affiliation.
“Her termination violated every one of those protections,” the lawsuit said.
The Justice Department also has fired some prosecutors who worked on cases that have provoked Trump’s ire, including some who handled U.S. Capitol riot cases and lawyers and support staff who worked on special counsel Jack Smith’s prosecutions of Trump.
She became a rising star in her office for her work on the case against financier Jeffrey Epstein and his onetime girlfriend, British socialite Ghislaine Maxwell, and the recent prosecution of music mogul Sean “Diddy” Combs.
Maxwell is serving a 20-year prison sentence after her December 2021 conviction on sex trafficking charges. She was recently transferred from a prison in Florida to a prison camp in Texas.
Epstein took his own life in a federal jail in August 2019 as he awaited trial on sex trafficking charges. Combs is awaiting sentencing next month after his conviction on prostitution-related charges after he was exonerated in July of more serious sex trafficking and racketeering conspiracy charges.
