The US Justice Department is moving to dismiss a lawsuit filed by former federal prosecutor Maurene Comey, who claims her July 2025 firing was politically motivated, in part due to her family connection to former FBI Director James Comey.

Background of the Lawsuit

Comey filed the suit in September 2025 against the Justice Department, the Executive Office of the President, Attorney General Pamela Bondi, the Office of Personnel Management, and the United States.

Her lawsuit alleges that her firing was retaliatory because of her father’s high-profile role in criticizing President Donald Trump, who previously dismissed James Comey in 2017 during the investigation into Russian interference in the 2016 election.

Maurene Comey previously handled several high-profile prosecutions, including:

• Ghislaine Maxwell – convicted of sex trafficking and aiding Jeffrey Epstein’s abuse of girls and women.
• Sean Combs – convicted on prostitution-related charges, acquitted of sex trafficking and racketeering conspiracy.
• Former US Senator Bob Menendez and his wife – convicted of bribery.

Justice Department Argument for Dismissal

In court papers filed Monday, the Justice Department argued that Comey did not properly follow administrative complaint procedures before filing the lawsuit. Specifically, the department stated that the Merit Systems Protection Board (MSPB) is the appropriate forum to consider claims of improper termination.

The department also rejected claims that filing with the board would have been futile, emphasizing that the board is “the appropriate forum to determine whether, as Ms. Comey claims, her removal was a prohibited personnel action or arbitrary agency action.”

Comey Lawyers’ Response

Comey’s legal team countered that the MSPB lacks the expertise to adjudicate her case, which they say raises constitutional separation of powers issues. They also argued that the board is no longer sufficiently independent of the presidency to handle the matter impartially.

Upcoming Hearing

A hearing is scheduled for Thursday, December 5, 2025, in Manhattan federal court before Judge Jesse M. Furman.