Maurene Comey prosecuted some of the most high-profile cases in the U.S. Attorney’s Office for the Southern District of New York in recent years. She routinely received “Outstanding” performance evaluations and capably served as a nonpartisan civil servant. Nevertheless, without any performance-related justification or explanation, she was fired in July 2025.
Comey’s termination seemingly was politically motivated and intended to serve as retaliation against her father, an outspoken critic of the Trump administration. Congress has long protected civil servants from discrimination based on partisan affiliation and disciplinary actions based on employees’ speech or association outside of work.
Comey sued the federal government seeking reinstatement to her position as a federal prosecutor. CLC, representing Justice Connection and Michael Feinberg, filed an amicus brief in support of Comey’s case.
Our clients, Justice Connection and Michael Feinberg, are committed advocates for the faithful, ethical and nonpartisan enforcement of federal law, and they have been important voices sounding the alarm on abuses of power within the Trump administration’s Department of Justice (DOJ).
Justice Connection is composed of past DOJ employees concerned with the DOJ’s willingness to serve as a vehicle for unlawful political retribution.
Michael Feinberg was an assistant special agent in charge with the Federal Bureau of Investigation (FBI). In June 2025, Feinberg was informed he would not receive a promotion, and likely be demoted from his position at the bureau, seemingly because he maintained a private friendship with a former FBI colleague who FBI Director Kash Patel and former FBI Deputy Director Dan Bongino deemed a political “enemy.”
In our amicus brief, CLC argues the district court should immediately decide Comey’s case to prevent a chilling effect on the First Amendment rights of other civil servants, whether through associating with a friend or family member with outspoken political views or speaking out about important civic issues in their private lives.
Typically, civil servants must challenge their removals before the Merit Systems Protection Board (MSPB), an adjudicatory body designed by Congress intended to be a “vigorous protector” of nonpartisanship and fairness in government employment policy.
The Trump administration, however, has undermined the independence of the MSPB as an unbiased decisionmaker in numerous ways. The Trump administration wants to force civil servants to bring their cases of unlawful removals to the now-biased MSPB before they can get their day in court. CLC’s brief argues that the delay, expense and unfairness of the MSPB process would harm not only Comey, but other civil servants who are left to wonder whether any protection will be provided by the courts to stop such abuses of state power.
CLC’s brief argues that, when considering their jurisdiction over First Amendment cases, courts often consider harm to parties beyond the case. In the matter at hand, the consequences of Comey’s firing on the free speech rights of all civil servants is clear justification for swift intervention and ruling by the court.