Justice Department Seeks Dismissal of Maurene Comey's Lawsuit

Fri Dec 05 2025 04:02:54 GMT+0200 (Eastern European Standard Time)

The U.S. Justice Department is calling for the dismissal of a lawsuit filed by former federal prosecutor Maurene Comey, citing failure to follow necessary administrative procedures.

Maurene Comey, recently fired from her position as a federal prosecutor, has her lawsuit against the Justice Department challenged as it claims improper administrative processes were employed. The suit alleges her dismissal was politically motivated, related to her father's controversial role as a former FBI director. In a legal response, the DOJ contends the case should be heard in the appropriate administrative forum rather than in court.

NEW YORK (AP) — The U.S. Justice Department is seeking dismissal of a lawsuit that fired former federal prosecutor Maurene Comey brought against it, asserting she failed to follow the necessary administrative complaint procedures prior to filing her suit.

The argument was laid out in court documents submitted ahead of a Thursday hearing in Manhattan federal court.

In September, Comey filed a lawsuit against the department, the Executive Office of the President, U.S. Attorney General Pamela Bondi, the Office of Personnel Management, and the United States, claiming her dismissal in July was politically motivated, particularly due to her father, former FBI Director James Comey. President Donald Trump dismissed James Comey in 2017.

In a joint letter to Judge Jesse M. Furman, the Justice Department indicated its defense against the lawsuit, emphasizing that it should be heard in the Merit Systems Protection Board as per administrative procedures, which Comey allegedly did not fully comply with.

The DOJ maintained that the board would provide the correct venue to determine if her termination was indeed a prohibited personnel action. Comey's lawyers argued that the board's expertise in this matter is questionable and highlighted constitutional concerns regarding the separation of powers in their claims.

U.S. Attorney John Sarcone has taken over the case after other prosecutors in New York recused themselves. Maurene Comey had attained several convictions in prominent cases prior to her firing. This includes the sex trafficking conviction of Ghislaine Maxwell and bribery convictions involving former U.S. Senator Bob Menendez and his wife. Her prosecution of music figure Sean Combs also resulted in convictions just weeks before her termination, although he was acquitted of more severe charges.