Justice Department Asks Court to Dismiss Maurene Comey’s Lawsuit, Citing Missed Administrative Steps

The Justice Department has asked a Manhattan federal court to dismiss the lawsuit filed by former assistant U.S. attorney Maurene Comey, arguing she failed to exhaust required administrative remedies before suing.

The request appears in joint court filings submitted Monday ahead of a Thursday hearing before Judge Jesse M. Furman. In the filings, government lawyers say Comey did not fully comply with procedures that require the Merit Systems Protection Board (MSPB) to first consider employment-related claims involving federal employees.

Comey, who worked in the Manhattan U.S. Attorney’s Office from 2015 until her July dismissal, sued the administration in September. Her complaint alleges the firing was "unlawful and unconstitutional," saying the termination was politically motivated and exceeded presidential authority. Her work included leading high-profile prosecutions involving Sean "Diddy" Combs, Jeffrey Epstein and Ghislaine Maxwell.

In its portion of the filing, the Justice Department maintains the MSPB is the appropriate forum to decide whether Comey’s removal constituted a prohibited personnel action or was an arbitrary and capricious agency decision. The government also rejects Comey’s contention that filing with the MSPB would have been futile.

Comey’s attorneys counter that the MSPB "lacks expertise to adjudicate this novel dispute" and is an improper forum because the case raises foundational constitutional questions about separation of powers. They further argue the board is no longer sufficiently independent from the president to handle the matter.

The joint letter that set out these positions was submitted by Comey’s counsel and the chief of the civil division of the U.S. Attorney’s Office in Albany. After prosecutors in Manhattan recused themselves, U.S. Attorney John Sarcone in Albany assumed responsibility for defending the government in the case.

Comey’s lawyers say she was dismissed a day after being asked to take the lead on a major public corruption prosecution and that she had recently received an "outstanding" performance review. The administration’s motion to dismiss — if granted — would prevent the case from proceeding in federal court until administrative remedies are exhausted.

Related developments involving James Comey

The filings also reference broader developments linked to Maurene Comey’s family. Her father, former FBI Director James Comey, was indicted by a grand jury in September on two counts related to testimony he provided to Congress in 2020; he pleaded not guilty. A federal judge recently ordered those criminal charges dismissed on the basis that the interim U.S. attorney who obtained the indictment was unlawfully appointed. The Justice Department has said it will pursue available legal options, including an immediate appeal.

A hearing on Maurene Comey’s suit is scheduled Thursday in Manhattan federal court. The court will consider whether the case must be dismissed or stayed to allow the MSPB to address the claims first.