Judge Allows Maurene Comey's Firing Lawsuit to Proceed

A federal judge in Manhattan ruled Tuesday that former U.S. Attorney Maurene Comey's lawsuit alleging wrongful termination can proceed in federal court, rejecting the Justice Department's bid to shift the case to administrative proceedings.

U.S. District Judge Jesse Furman denied the government's motion to dismiss in a 27-page order, stating that Comey's termination notice cited solely Article II of the U.S. Constitution, which vests executive power in the president. "Comey's case does not fall within the purview of the CSRA's scheme because she was fired pursuant to Article II of the Constitution, not pursuant to the CSRA itself," Furman wrote.

Comey, who served in the U.S. Attorney's Office for the Southern District of New York, was removed from her position in July. Her September lawsuit claims the firing was improper, occurring "solely or substantially" due to her father, former FBI Director James Comey, whom President Donald Trump dismissed in 2017. She also alleged the action stemmed from her perceived political affiliation or beliefs. The termination followed her leadership in the prosecution of Sean "Diddy" Combs, which resulted in a conviction on prostitution-related...