…aside, according to the judge overseeing the case, who rejected that broad interpretation of removal authority. With an appeal already promised by the Justice Department and a separate constitutional claim still unresolved, the dispute is heading toward further litigation rather than a final resolution.

The Ruling and Its Basis

U.S. District Judge Jesse Furman issued his decision on October 26, 2026, finding that the administration unlawfully dismissed Comey from the Southern District of New York’s U.S. Attorney’s Office. She had been fired in July 2025.

Comey challenged her removal and alleged that her relationship with her father, former FBI Director James Comey, factored into the decision. Furman rejected the government’s broad reading of its removal authority, ruling that existing legal protections could not simply be bypassed.

The ruling grants Comey back pay and the opportunity to return to her former position within the U.S. Attorney’s Office.

What Happens Next: Appeal and Unresolved Claims

The Justice Department disagreed with Furman’s decision and indicated it will appeal, meaning Comey’s professional future remains tied to further court proceedings.

Her separate First Amendment claim, which also relates to allegations of political motivation behind her firing, was not resolved by this ruling. That issue remains open for future litigation.

Furman’s decision does not invalidate every dismissal carried out by the administration. Its impact is narrower but still consequential, establishing that executive removal authority has legal limits. Higher courts may now be asked to determine exactly where those limits lie.