NEW YORK (AP) — Former federal prosecutor Maurene Comey sued the U.S. government Monday to get her job back, saying her firing was for political reasons and was unconstitutional.
Her lawsuit in Manhattan federal court blamed the firing on the fact that her father is James Comey, a former F.B.I. director, “or because of her perceived political affiliation and beliefs, or both.â€
Comey is seeking to be reinstated and a declaration that her firing was unlawful and a violation of the Constitution's “Separation of Powers†clause.
“Defendants have not provided any explanation whatsoever for terminating Ms. Comey. In truth, there is no legitimate explanation,†the lawsuit said.
Comey, who successfully prosecuted hundreds of cases since becoming an assistant U.S. attorney in 2015, was notified of her dismissal in an email with an attachment saying she was being fired “(p)ursuant to Article II of the United States Constitution and the laws of the United States,†the lawsuit said.
James Comey was fired as FBI director by President Donald Trump in 2017. The lawsuit noted he has since written a memoir critical of Trump and has publicly criticized Trump and his administration, including a May social media post that Trump and others perceived as threatening.
The lawsuit said Maurene Comey's July firing came the day after her supervisors asked her to lead a major public corruption case and three months after she'd received her latest “Outstanding†review.
It also followed a several-week-long campaign by right-wing internet personality Laura Loomer to get Comey fired.
“The politically motivated termination of Ms. Comey — ostensibly under ‘Article II of the Constitution’ — upends bedrock principles of our democracy and justice system,†the lawsuit said. “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.â€
Named as defendants in the lawsuit were, among others, the Justice Department, the Executive Office of the President, U.S. Attorney General Pamela Bondi, the Office of Personnel Management and the United States.
The Justice Department declined through a spokesperson to comment.
Comey's July 16 firing came amid a spate of dismissals of prosecutors by the Justice Department without explanation, raising alarm that civil service protections meant to prevent terminations for political reasons were being overlooked.
Comey's lawsuit noted that the Civil Service Reform Act provides protections governing how and why she could be terminated, including specific prohibitions against termination for discriminatory reasons such as political affiliation.
“Her termination violated every one of those protections,†the lawsuit said.
It said she had suffered adverse harmful effects, including lost or jeopardized employment and financial opportunities, along with reputational harm.
If Comey applies for jobs, even the most rudimentary background check may come across inaccurate and false information from the defendants “that will adversely impact her reputation and chances for additional employment opportunities,†the lawsuit said.
The Justice Department also has fired some prosecutors who worked on cases that have provoked Trump’s ire, including some who handled U.S. Capitol riot cases and lawyers and support staff who worked on of Trump.
She became a rising star in her office for her work on the case against financier Jeffrey Epstein and his onetime girlfriend, British socialite , and the recent prosecution of music mogul Sean “Diddy†Combs.
Maxwell is serving a 20-year prison sentence after her December 2021 conviction on sex trafficking charges. She was recently to a prison camp in Texas.
Epstein took his own life in a federal jail in August 2019 as he awaited trial on sex trafficking charges. Combs is awaiting sentencing next month after his conviction on prostitution-related charges after he was exonerated in July of more serious sex trafficking and racketeering conspiracy charges.
The lawsuit noted that Comey, while she was co-chief of the office's Public Corruption Unit before returning to trial work, oversaw the team handling the prosecution of then-U.S. Sen. Bob Menendez and his wife, Nadine Menendez, on bribery charges. Both were convicted at trial.
Bob Menendez, a New Jersey Democrat, is serving an 11-year prison term while his wife was sentenced last week to 4 1/2 years in prison.
The lawsuit said that after she was fired, Comey entered the Public Corruption Unit offices, finding her supervisors “visibly shocked and upset by the news.â€
It said U.S. Attorney Jay Clayton then entered and she asked why she was fired.
“All I can say is it came from Washington. I can’t tell you anything else,†the lawsuit said Clayton responded.
