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DOJ Appeal Planned After Judge Orders Comey Reinstatement

By Drooid · Oct 27, 2026, 2:15 PM UTC · How we work

Summary

Judge Furman Orders Reinstatement

Federal judge Jesse Furman ruled Maurene Comey was unlawfully fired and ordered her reinstatement with back pay.
The decision cited violations of the Fifth Amendment due process and the Administrative Procedure Act.
Judge Furman said the DOJ’s reliance on Article II conflicted with the Civil Service Reform Act’s cause-requirement.
The Justice Department announced it will appeal, calling the judge’s interpretation of executive power unlawful.

Summary

Justice Department Charges Comey

Justice Department filed criminal information charging FBI Director James Comey with leaking defense information.
Filing says Comey directed staff to give material to a New York Times reporter on Oct. 5, 2016.
Prosecutors tie leak to New York Times article “Yahoo Said to Have Aided Email Surveillance.”
Comey posted a video asserting innocence and calling the case an appalling abuse of justice.
Judge Trevor McFadden unsealed the filing on Oct. 26, 2026 and has not ruled on dismissal.

History

Historical Context

In 1971, the Supreme Court’s *New York Times v. United States* decision rejected the Nixon administration’s injunction against publishing the Pentagon Papers, affirming press freedom. Chief Justice Warren E. Burger authored the 6-3 opinion, noting that prior restraint carries a “heavy presumption” against the government and citing 2,000 pages of classified material. Today’s DOJ lawsuits against former FBI Director James Comey and civil-service judge rulings echo that 1971 clash, as prosecutors invoke executive authority while courts scrutinize due-process violations. The precedent warns that overreaching claims of executive privilege may trigger judicial rebuke and potential compensation, shaping future government-employee disputes.

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Judge Furman Orders Reinstatement

Federal judge Jesse Furman ruled Maurene Comey was unlawfully fired and ordered her reinstatement with back pay.
The decision cited violations of the Fifth Amendment due process and the Administrative Procedure Act.
Judge Furman said the DOJ’s reliance on Article II conflicted with the Civil Service Reform Act’s cause-requirement.
The Justice Department announced it will appeal, calling the judge’s interpretation of executive power unlawful.

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