NEW YORK (AP) — The U.S. Justice Department is seeking dismissal of a lawsuit brought by fired former federal prosecutor Maurene Comey, asserting that she did not correctly adhere to the required administrative complaint procedures before initiating the lawsuit.
Documents filed in court on Monday, ahead of a Thursday hearing in Manhattan federal court, indicate that Comey’s case lacks proper jurisdiction as she failed to first present her claims to the Merit Systems Protection Board, which is required to assess matters related to federal employment disputes.
In September, Comey filed suit against the department, the Executive Office of the President, U.S. Attorney General Pamela Bondi, the Office of Personnel Management, and the United States, alleging her July termination was rooted in political bias, notably due to her father, former FBI Director James Comey, having been ousted by President Donald Trump in 2017.
The Justice Department's defense, as outlined in a joint letter submitted to Judge Jesse M. Furman, emphasized that her lawsuit was improperly submitted and that her appeal to the board was not futile as claimed. The department maintained that the board serves as “the appropriate forum” to assess whether her firing constituted a prohibited personnel action.
Maurene Comey’s lawyers counter this position by arguing that the board lacks the expertise to handle this unique situation, suggesting that the case raises significant constitutional issues pertaining to separation of powers and asserting that the board no longer functions independently of presidential influence.
Last month, the case was reassigned to U.S. Attorney John Sarcone in Albany following the recusal of local prosecutors, amid Comey's notable successes in high-profile cases including those against Ghislaine Maxwell for sex trafficking and former U.S. Senator Bob Menendez for bribery.
Notably, just weeks before her dismissal, Comey had led the prosecution against music producer Sean Combs, who was found guilty on lesser offenses surrounding prostitution but acquitted on more severe trafficking charges, and is set for release from prison in June 2028. Meanwhile, Maxwell is serving a 20-year sentence stemming from charges related to her involvement with the late financier Jeffrey Epstein.
