Comey alleges that the Trump administration fired her for political causes, together with her household ties to former FBI director James Comey.
Printed On 3 Dec 2025
The US Justice Division is searching for the dismissal of a lawsuit introduced by former federal prosecutor Maurene Comey to contest her firing.
In courtroom papers filed on Monday, the Justice Division argued Comey didn’t correctly observe administrative criticism procedures earlier than suing.
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The petition to dismiss the go well with got here forward of a Thursday listening to within the case earlier than a Manhattan federal courtroom.
In September, Comey sued the division, the Government Workplace of the President, US Legal professional Basic Pamela Bondi, the Workplace of Personnel Administration and the US.
The lawsuit mentioned her July firing was based mostly on political causes, together with that her father is James Comey, the previous director of the Federal Bureau of Investigation (FBI) and a outstanding critic of President Donald Trump.
Trump fired James Comey in 2017, amid disagreements over an investigation into Russian interference within the 2016 presidential election.
Contained in the dismissal petition
The Justice Division petitioned for the dismissal of Maurene Comey’s case in a joint letter submitted to Decide Jesse M Furman.
Maurene Comey’s legal professionals and the chief of the civil division of the federal prosecutor’s workplace in Albany each contributed to the letter.
The Justice Division argued that Maurene Comey’s criticism ought to be tossed as a result of she didn’t absolutely adjust to administrative procedures requiring the Benefit Techniques Safety Board to first contemplate her declare.
It additionally rejected her lawsuit’s assertion that the discover of attraction she filed with the board was futile.
The board, the Justice Division maintained, was “the suitable discussion board to find out whether or not, as Ms Comey claims, her removing was a prohibited personnel motion or an arbitrary and capricious company motion”.
Comey’s legal professionals mentioned within the submitting that the board “lacks experience to adjudicate this novel dispute” and was not an acceptable discussion board as a result of “this case raises foundational constitutional questions with respect to the separation of powers”.
Additionally they argued that it was “now not true” that the board features independently of the president.
Final month, US Legal professional John Sarcone in Albany took the case after the recusal of prosecutors in New York, the place Maurene Comey had secured responsible verdicts in a number of high-profile instances, together with the intercourse trafficking conviction of Ghislaine Maxwell and the bribery convictions of former US Senator Bob Menendez and his spouse.
Two weeks earlier than Maurene Comey was fired, a jury convicted music maven Sean Combs of prostitution-related costs, although it acquitted him of extra severe intercourse trafficking and racketeering conspiracy costs. She led the prosecution group.
Combs, 56, is scheduled for launch from jail in June 2028.
Maxwell, 63, was convicted in December 2021 on sex-trafficking costs after a jury discovered she aided the intercourse abuse of women and girls by financier Jeffrey Epstein. Epstein was discovered useless in his federal jail cell in August 2019 as he awaited a intercourse trafficking cost. His loss of life was dominated a suicide.
Maxwell is serving a 20-year jail sentence at a jail camp in Texas, the place she was transferred final summer time from a jail in Florida.
Robert Menendez, 71, is imprisoned in Pennsylvania. He’s scheduled for launch in September 2034.
