Full Breakdown
Judge Rules James Comey’s Daughter’s Termination Not Governed by Civil Service Protections
4/28/2026, 11:47:36 PM
Termination and Judicial Ruling
The daughter of former FBI Director James Comey was dismissed from U.S. Attorney’s Office in Southern District of New York. The termination notice cited Article II of the Constitution, which vests executive power in the President. The Department of Justice said the claim must go to the Merit Systems Protection Board, not a federal court. On Tuesday, District Judge Jesse E. Furman issued a 27-page order rejecting the government’s motion to dismiss, holding the case lies outside Civil Service Reform Act because the firing was under Article II, not CSRA.
Legal Framework and Background
The 1978 Civil Service Reform Act created the Merit Systems Protection Board to hear federal employment disputes. Under the CSRA, such claims go to the board. Article II, however, gives the President authority over executive personnel, allowing terminations that bypass CSRA procedures.
Key Participants
Key participants include former FBI Director James Comey; his unnamed daughter, the employee who filed the suit; the Department of Justice, which argued the claim should go to the Merit Systems Protection Board; U.S. Attorney’s Office in Southern District of New York, the employer; District Judge Jesse E. Furman, who dismissed the government’s motion; and the Merit Systems Protection Board, the agency created by the CSRA.
Timeline of the Case
The employee was dismissed (notice cited Article II). She subsequently filed a lawsuit seeking judicial review. On Tuesday, Judge Furman issued a 27-page order rejecting the government’s motion to dismiss.
Data and Procedural Details
The decision appears in a 27-page order. The CSRA of 1978 establishes the Merit Systems Protection Board’s jurisdiction, while Article II defines executive authority over personnel decisions.
Implications for Federal Employment Law
The ruling makes clear that Article II terminations bypass the CSRA’s merit-based review. Federal employees dismissed for executive reasons therefore lack recourse through the Merit Systems Protection Board, affecting how future employment disputes may be pursued.
Official Statements & Responses
The Department of Justice maintained the claim should be heard by the Merit Systems Protection Board, citing CSRA procedures. Judge Furman emphasized that the dismissal was under constitutional executive authority, making CSRA processes inapplicable.
Verbatim Quotes
- “Constitution, which “vest[s]” the “executive Power” in the president.” — Termination notice
- “Rather than challenge Comey’s allegations outright, the Department of Justice argued that she could not bring her claim to federal court but instead needed to go through the Merit Systems Protection Board.” — Department of Justice position
- “Comey’s case does not fall within the purview of the CSRA’s scheme because she was fired pursuant to Article II of the Constitution, not pursuant to the CSRA itself,” — Judge Jesse E. Furman
- “Furman rejected the government’s motion to dismiss the case.” — Court filing
