NEW YORK (AP) — The U.S. Justice Department is asking a federal court to dismiss a lawsuit filed by Maurene Comey, which claims her July firing was politically motivated. In court documents, the Justice Department argues that Comey did not follow the proper administrative procedures, notably not obtaining a review from the Merit Systems Protection Board before taking legal action.
Comey, a former federal prosecutor, has asserted that her dismissal was linked to her father's previous role as FBI Director under President Donald Trump, who had previously fired James Comey in 2017.
In a joint letter submitted to Judge Jesse M. Furman in Manhattan, the Justice Department indicated that the board is the appropriate authority to address whether Comey's removal constituted a prohibited personnel action or arbitrary agency conduct.
The Justice Department's filing also takes issue with the assertion in Comey’s complaint that her appeal to the board was futile, stating that the board should first examine her claims.
On the other hand, Comey's legal team has countered, arguing that the board lacks the necessary expertise to handle the case, which they believe raises fundamental constitutional issues regarding the separation of powers. They contend that the board does not operate independently of presidential influence, as implied.
In recent weeks, the case has taken on added significance due to its connection with high-profile prosecutions that Comey led, including those against sex trafficking figure Ghislaine Maxwell and former U.S. Senator Bob Menendez.
Furthermore, just weeks before her firing, Comey was at the forefront of the prosecution against music mogul Sean Combs, who was convicted on related charges, though he was acquitted of more severe allegations and is set for release in June 2028.
