A federal judge said Tuesday that fired prosecutor Maurene Comey's wrongful termination claims belong in federal court rather than in administrative proceedings despite the government's efforts to get the case moved out of court.
Judge Jesse M. Furman in Manhattan noted in a written ruling that the sole reason provided for her firing last year was Article II of the U.S. Constitution, which vests “executive power” in the president.
He said the reason given for her firing takes her case outside the process that channels many, if not most, categories of disputes between federal employers and employees to avenues of administrative and judicial review outside of district courts.
The Justice Department didn't immediately comment.
Comey sued after her firing, contending that she was improperly removed solely or substantially because her father is former FBI Director James B. Comey, or because of her perceived political affiliation or beliefs, the judge noted.
During oral arguments in December, Furman refused to let Comey immediately gather evidence to learn who ordered her firing and how it transpired, saying the government had made serious arguments that her firing must first be considered by the federal Merit Systems Protection Board.
Comey claimed in her September lawsuit that her dismissal — soon after she led the prosecution of Sean "Diddy" Combs and won a conviction on prostitution-related charges — was retribution because her father is a Trump foe. Trump fired James Comey as FBI director in 2017.
Furman set a May 28 hearing for an initial pretrial conference in the civil case.
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