Why Judge Jesse Furman Reinstated Maurene Comey

What did the judge decide about Maurene Comey’s firing?

On Monday, Oct. 26, 2026, U.S. District Judge Jesse Furman ruled that the Justice Department’s firing of Comey was unlawful. Comey had worked as a federal prosecutor in the U.S. Attorney’s Office for the Southern District of New York and was fired in July 2025. ²³

Furman found that the removal violated federal law and the constitutional separation of powers, the division of authority among parts of the government. ³ He rejected the government’s arguments that the attorney general could remove her at will and that a later attorney general could validate the firing afterward. ²

What does reinstatement mean in this case?

The judge ordered Comey retroactively restored to her position as an assistant U.S. attorney. Retroactive means the legal effect reaches back to an earlier date, rather than starting only with the ruling. The order also includes back pay. ²³

CBS reported that the back-pay period runs from the date she was fired in July 2025 through Dec. 20, when she accepted a different job. ³ The available reports do not spell out whether she will return to the same office duties, or how the order will affect the other job she accepted.

Why did the Justice Department say it could fire her?

The department argued that the president has broad authority under Article II of the Constitution to remove federal officials, and that Congress could not limit the removal of federal prosecutors. It also argued that the attorney general could remove Comey without stating a cause. ²³

Furman rejected those arguments in this case. He ruled that Comey’s removal violated the Civil Service Reform Act, a federal law that provides protections for government workers. ³ The reports describe the decision as a ruling about this firing; they do not establish that every prosecutor has identical protections in every circumstance.

What was Comey’s role as a prosecutor?

Comey worked on prosecutions connected to Jeffrey Epstein and his associate Ghislaine Maxwell, according to the reports. ²⁴ MS NOW says she led the Southern District of New York’s cases against Maxwell. ⁴

Her father is former FBI Director James Comey. ²³ The court ruling concerns Maurene Comey’s own employment and does not decide the separate criminal case involving her father that CNBC describes. ²

What is still unclear after the ruling?

The reports explain the legal result, retroactive reinstatement and back pay, but do not say whether the government will appeal or describe the next steps for carrying out the order. ²³

They also do not provide details about Comey’s current duties or how the reinstatement interacts with the different job she accepted, which CBS says she took on Dec. 20. ³ Those practical details matter because being restored to a position in law does not, by itself, explain what a person will be doing day to day.