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Uh-oh: Is Trump about to find out he broke the law again? [1]

['Daily Kos Staff']

Date: 2025-09-15

Maurene Comey, a federal attorney who successfully prosecuted Jeffrey Epstein associate Ghislaine Maxwell, is challenging her abrupt July firing in a lawsuit filed Monday, putting President Donald Trump’s sweeping claims of presidential authority to the test.

Comey, the daughter of former FBI Director James Comey—who was fired by Trump in 2017 for investigating his alleged ties to Russian election interference—was among several high-profile federal officials dismissed without explanation.

Maurene Comey, a federal attorney who was abruptly fired by the Trump administration in July, is now suing for her job, back pay, and legal fees.

In her suit, she suggests that her termination may have been politically motivated—possibly linked to her father’s public criticism of Trump.

“All I can say is it came from Washington. I can’t tell you anything else,” U.S. Attorney Jay Clayton reportedly told her, according to the lawsuit.

Comey’s attorneys argue that rank-and-file prosecutors are protected under civil service laws, and that firing her without cause, notice, or an opportunity to contest was unlawful.

“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,” the lawsuit reads. “Neither the president nor the Department of Justice has unlimited authority to remove [prosecutors].”

Comey’s firing fits a broader pattern. Since retaking office, Trump has repeatedly removed career officials deemed insufficiently loyal to his agenda, from Justice Department prosecutors to National Security Council staff.

Other firings, coinciding with Trump’s aggressive anti-DEI push, have impacted prominent Black officials, including former Librarian of Congress Carla Hayden. Many of those dismissed have filed lawsuits, often citing the tension between presidential power and civil service protections.

A 10-year veteran of the Manhattan U.S. attorney’s office, Comey is widely regarded as one of the bureau’s top trial lawyers. She led the prosecution that convicted Maxwell for sex-trafficking minors alongside Epstein, securing a 20-year prison sentence. She also prosecuted Sean “Diddy” Combs on prostitution-related charges, winning some convictions despite acquittals on other counts.

James Comey, former FBI director and father of Maurene Comey.

Her firing drew attention partly because of the timing. The White House had faced criticism for its slow release of the Epstein files, prompting accusations that Trump was covering up the full scope of his ties to Epstein. Last month, Maxwell was moved to a lower-security prison in Texas after meeting with Trump officials—a move that some Democrats described as a “cover-up.”

The lawsuit contends that Comey was dismissed in retaliation for “her father’s protected speech” or her “perceived political affiliation,” noting that Trump ally and far-right activist Laura Loomer publicly called for her firing and even celebrated afterward.

Trump has historically relied on Article II of the Constitution to justify sweeping dismissals, citing broad presidential powers. Comey’s suit argues that civil service protections and longstanding statutes limit such authority, and that the president cannot fire rank-and-file prosecutors at will.

But for Comey, the stakes are high. She’s seeking reinstatement, back pay, and legal fees, while asking the courts to ensure that the Trump administration can’t act against her without due process.

Beyond her personal fight, the case raises bigger questions about the independence of federal prosecutors. It could force the courts to answer how far a president can go in firing career officials before crossing into unlawful retaliation.

While Comey might be the most high-profile example, she’s far from alone. Trump has repeatedly cleared out anyone who won’t fall in line with his agenda—and the legal and political fallout is still playing out across Washington.

The outcome could set a precedent for protecting federal prosecutors and career officials—and offer a glimpse into how Trump’s approach to governance impacts the independence of the federal bureaucracy.

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