Judge Flags Jurisdictional Hurdle in Maurene Comey’s Firing Suit; MSPB Route Could Delay Case

Federal Judge Questions Jurisdiction in Maurene Comey’s Lawsuit

A federal judge signaled Thursday that he may allow a procedural move that would push former Manhattan federal prosecutor Maurene Comey’s wrongful-termination claims out of federal court and into the Merit Systems Protection Board (MSPB), potentially delaying her suit against the Trump administration.

U.S. District Judge Jesse Furman said during the hearing that “whether this court has jurisdiction is a substantial question,” referring to the threshold issue of whether federal courts are the proper forum for Comey’s claims that her abrupt July firing was “unlawful and unconstitutional.”

“This is not a routine employment case. This is a case fundamentally about the separation of powers,” said Ellen Blain, an attorney for Comey, arguing that sending the matter to the MSPB would be “entirely futile.”

Comey’s lawyers contend the MSPB — the independent federal agency that adjudicates many federal employees’ complaints — has been effectively weakened under the Trump administration, and that forcing her to pursue relief there would amount to a dead end. They also say the dispute raises separation-of-powers concerns that belong in federal court.

At the hearing, lawyers for Comey acknowledged that she received no explanation for her termination. They said Comey intends to seek discovery to determine whether President Donald Trump or other high-level officials ordered her firing. Judge Furman noted that discovery could present “thorny issues,” including whether the plaintiff should be permitted to depose senior officials.

Personal and Professional Context

The hearing was a notable return to the Manhattan courthouse for Comey, daughter of former FBI Director James Comey, who spent nearly a decade as a prosecutor in that office. Her past work included high-profile prosecutions tied to Jeffrey Epstein and Ghislaine Maxwell.

Despite the contentious circumstances of the case, Comey appeared composed at the hearing; several former colleagues from the U.S. Attorney’s Office in Manhattan attended, and attorney Ellen Blain and Judge Furman—both alumni of that office—were also present.

Representation And An Unusual Appearance

Because the Manhattan U.S. Attorney’s Office recused itself, the government was represented by lawyers from the U.S. Attorney’s Office for the Northern District of New York. In an uncommon move, U.S. Attorney John Sarcone III, an upstate New York official described by some observers as a staunch Trump loyalist, attended and sat at the defense table alongside his office’s counsel. Sarcone did not speak during the proceeding.

Earlier the same day, another federal judge had suggested she might consider disqualifying Sarcone from related matters, a development that added attention to his presence in the Manhattan courtroom.

The court has not issued a ruling on the jurisdictional question. If Furman permits the government’s procedural move, the case could be stayed or transferred to the MSPB while threshold jurisdictional issues are resolved.