A federal judge has ruled that a wrongful termination lawsuit filed by prosecutor Maurene Comey, daughter of former FBI Director James B. Comey, will proceed in federal court rather than through administrative channels, despite government efforts to move the case.
Judge Jesse M. Furman in Manhattan stated in a written ruling on Tuesday that the sole reason provided for her dismissal last year was Article II of the U.S. Constitution, which grants "executive power" to the president.
This justification, he noted, places her case outside the typical process for disputes between federal employers and employees, which usually directs such matters to administrative and judicial review outside of district courts.
The Justice Department did not immediately comment on the decision.
Maurene Comey initiated the lawsuit following her firing, alleging she was improperly removed primarily because her father is James B. Comey, or due to her perceived political affiliation or beliefs, the judge observed.
Her September lawsuit claimed her dismissal — which occurred soon after she secured a conviction against Sean "Diddy" Combs on prostitution-related charges — was retribution because her father is considered a foe of the president. The president fired James Comey as FBI director in 2017.
During oral arguments in December, Judge Furman had initially declined to allow Comey to immediately gather evidence to determine who ordered her firing and how it transpired, citing serious arguments from the government that the federal Merit Systems Protection Board should first consider her dismissal.
A hearing for an initial pretrial conference in the civil case has been scheduled for May 28.
