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Judge Says Comey's Firing Violates Article II, Rejects DOJ Dismissal

4/28/2026

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Summary

Story summary

Judge Jesse E. Furman issued a 27-page order rejecting the Justice Department’s motion to dismiss James Comey’s lawsuit, ruling his termination fell under Article II of the Constitution, not the Civil Service Reform Act.
The Justice Department contended that Comey must file his claim with the Merit Systems Protection Board.
Comey sued over his dismissal from the U.S. Attorney’s Office in the Southern District of New York.

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Story summary

Judge Jesse E. Furman issued a 27-page order rejecting the Justice Department’s motion to dismiss James Comey’s lawsuit, ruling his termination fell under Article II of the Constitution, not the Civil Service Reform Act.
The Justice Department contended that Comey must file his claim with the Merit Systems Protection Board.
Comey sued over his dismissal from the U.S. Attorney’s Office in the Southern District of New York.