Former Southern District of New York prosecutor Maurene Comey alleged in a lawsuit Monday that her ouster from the U.S. Attorney’s office was “unlawful and unconstitutional” and likely happened because of who her father is.
Comey, who prosecuted high profile defendants including Sean Combs, Robert Hadden, Jeffrey Epstein and Ghislaine Maxwell, was fired in July.
Her lawsuit said President Donald Trump, the Justice Department, Attorney General Pam Bondi and other defendants did not identify a cause or provide her due process.
“In truth, there is no legitimate explanation. Rather, Defendants fired Ms. Comey solely or substantially because her father is former FBI Director James B. Comey, or because of her perceived political affiliation and beliefs, or both,” the lawsuit said, referring to the former FBI director who Trump fired during his first term because he initiated the investigation into allegations of Russian meddling in the 2016 election.
“The politically motivated termination of Ms. Comey — ostensibly under “Article II of the Constitution” — upends bedrock principles of our democracy and justice system. 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,” the lawsuit said.
Comey said she had just been assigned a high-profile public corruption case when she received an email on July 16 at 4:57 p.m. with a memo informing her that “your employment with the Department of Justice is hereby terminated, and you are removed from federal service effective immediately.”
According to the lawsuit, Comey’s supervisors “were visibly shocked and upset,” and Jay Clayton, the United States Attorney for the Southern District of New York, provided no explanation.
“All I can say is it came from Washington. I can’t tell you anything else,” the lawsuit quoted Clayton as telling Comey.
Comey’s attorneys said the president lacks the authority to fire ordinary federal prosecutors, who are career civil servants, for perceived disloyalty.
“Neither the President nor the Department of Justice have unlimited authority to remove Assistant United States Attorneys,” the lawsuit said.
Comey is seeking reinstatement along with back pay.
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