DOJ to move or dismiss lawsuit by former SDNY prosecutor Maurene Comey
The Justice Department has told a federal court it will seek to either move or dismiss a lawsuit brought by former Southern District of New York prosecutor Maurene Comey, who challenges her July removal from the Manhattan office where she handled high-profile cases including those involving Sean Combs and Ghislaine Maxwell.
Comey — the daughter of former FBI Director James Comey — filed the complaint in September, alleging she was terminated without cause and without due process. Her suit says the defendants “did not identify any cause or provide Ms. Comey any due process for her removal.”
The court filing states that the U.S. Attorney’s Office for the Southern District of New York recused itself from the matter and the case has been reassigned to the U.S. Attorney’s Office for the Northern District of New York. The filing describes that office’s leader, John Sarcone, as a Trump loyalist and asserts he lacks prior prosecutorial experience.
Under the current schedule, the government’s response was originally due Nov. 21. The newly assigned Northern District office requested more time "to familiarize ourselves with this matter" and asked the court to extend the response deadline to Dec. 15. The filing says the office will either answer the complaint or move to dismiss by that date and indicated it may seek to transfer the case out of Manhattan.
The filing also notes that John Sarcone’s authority to serve as acting U.S. attorney is being contested by New York Attorney General Letitia James. The filing further says Sarcone is conducting an investigation involving Attorney General James related to alleged civil-rights violations tied to her earlier lawsuit against former President Trump.
Comey’s complaint argues her termination violated both constitutional protections and statutory safeguards under the Civil Service Reform Act, which bars termination for certain discriminatory reasons, including political affiliation. The suit alleges the firing was carried out "solely or substantially because her father is James Comey." The filing also references separate legal scrutiny involving the elder Comey, which he has denied.
Next steps: the Northern District will respond by Dec. 15 either by filing an answer or a motion to dismiss, and the court will weigh the request to transfer venue and the merits of Comey’s procedural and statutory claims.
