The daughter of former FBI Director James Comey accused President Donald Trump’s Justice Department of resorting to “legal contortions” to defend her abrupt firing as a federal prosecutor.
Maurene Comey’s lawyer, Ellen Blain, made the argument during a hearing Friday over Comey’s lawsuit seeking her reinstatement, Politico reported.
Blain accused the Justice Department of claiming virtually unchecked power to “fire a civil servant because of her DNA.”
“Article II does not permit anyone to fire a line AUSA without cause,” Blain reportedly told the court, adding that “no court has found that criminal AUSAs or any AUSAs exercise the president’s preclusive and conclusive authority.”
Comey worked as a federal prosecutor in Manhattan for nearly a decade before she was dismissed without explanation last year, according to Politico. Her termination letter cited only Article II of the Constitution, which establishes presidential authority over the executive branch.
Comey alleges in her legal filing that she was fired “solely or substantially” because she is James Comey’s daughter, because of her perceived political beliefs, or both.
Justice Department attorney Tyler Becker argued that a recent Supreme Court ruling expanding Trump’s control over federal agencies also applies to lower-level officials.
“Employees or inferior officers who exercise conclusive and preclusive executive power must be removable at will,” Becker said.
U.S. District Judge Jesse Furman pressed Becker on whether that authority would allow the president to fire someone because of race or gender.
“Article II would not permit inquiry into that matter,” Becker said.
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