By LARRY NEUMEISTER
NEW YORK (AP) — Fired federal prosecutor Maurene Comey sued the U.S. government Monday over her abrupt dismissal and is seeking to get her job back, saying it came without cause or notice and was unlawful and unconstitutional.
The lawsuit was filed in Manhattan federal court, where Comey — the daughter of former FBI director James Comey — has earned praise for her handling of major complex prosecutions, particularly in sex abuse cases.
Comey sought her reinstatement, along with a declaration that her firing was unlawful and a violation of the “Separation of Powers” as it is described in the U.S. Constitution.
“Defendants have not provided any explanation whatsoever for terminating Ms. Comey. In truth, there is no legitimate explanation,” the lawsuit said, blaming the firing on the fact that her father is James Comey, “or because of her perceived political affiliation and beliefs, or both.”
James Comey was fired as FBI director by President Donald Trump in 2017. The lawsuit noted that he has since written a memoir critical of Trump and has continued to publicly criticize Trump and his Administration, including a social media post in May Trump and other perceived as threatening.
The lawsuit noted that Maurene Comey’s firing in July came the day after her supervisors had asked her to take the lead on a major public corruption case and three months after she’d received her latest “Outstanding” review.
“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.”
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.
A message for comment from the Justice Department was not immediately returned.
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.
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 special counsel Jack Smith’s prosecutions 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 Ghislaine Maxwell, 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. 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.
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