Friday, May 29, 2026

Maurene Comey Sued DOJ on Retaliatory Firing Now NDNY Cites Article II Judge Asks of Race



Maurene Comey Sued DOJ on Retaliatory Firing Now NDNY Cites Article II Judge Asks of Race

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, May 26 – Maurene Comey has sued the DOJ for being fired, saying that "the politically motivated termination of Ms. Comey—ostensibly under “Article II of the Constitution”—upends bedrock principles of our democracy and justice system. 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."   Complaint on Patreon here

The firing took place soon after the mix verdict in US v. Sean Combs in the U.S. District Court for the Southern District of New York, and amid since-denied requests for unsealing of Epstein and Ghislaine Maxwell grand jury transcripts.

The discovery in this case, and any trial, could get into both issues.

Docketed on November 4, "the initial pretrial conference in this matter is hereby ADJOURNED to December 4."

Inner City Press live tweeted it, here

Judge Furman: I'm inclined to stay discovery pending inquiry into my jurisdiction. I note this case might involve requests for deposition of high Administration officials, who made the decisions. But first let's see the defendants' motion to dismiss, I think

Maurene Comey's lawyer Nicole Gueron: We'd like to change your mind. We'd like discovery into who made the decision. A search of her name in the files of decision making officials. The White House stated that the decision was not made by the President but by DOJ

AUSA Lesperance: I disagree that the Government has conceded that the discovery that will be sought is appropriate. We said the mechanisms also exist in the MSPB. Even this limited discovery is not as simple as to search - whose file? Executive privilege

Furman: I'm not going to actually rule now but I'm inclined to stay with my initial position, and stay discovery.

On May 26, in the run-up to an in-person appearance, the US Attorney's Office filed an answer, with a one page ratification of decision to terminate, on Patreon here.

On May 28, Inner City Press covered the status conference, including:

OK - inside, NDNY lawyer Karen Lesperance says firing was authorized by Article II.

Judge Furman (paraphrasing) Could a President fired all black employees? Or all white employees?

NDNY's Lesperance: That would seem to raise some concerns.

Comey's lawyer Jennifer Ellen Blain: This is breathtaking

NDNY's Lesperance: We'll file our brief by June 5. Then they could ask for discovery to respond.

Comey's lawyer Blain: Firing her for her father's name violates the First Amendment.

Judge: Reply to Aug 21...

The case is Comey v. US Department of Justice, et al., 1:25-cv-7625 (Furman)

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