New: Maurene Comey’s Dismissal Threatens First Amendment Rights for all Civil Servants, CLC Argues in Brief
Washington, D.C. — Today, Campaign Legal Center (CLC), on behalf of Michael Feinberg and Justice Connection, filed a brief in the U.S. District Court for the Southern District of New York in a case brought by former federal prosecutor Maurene Comey claiming President Donald Trump ordered her dismissal because James Comey, former FBI director, is her father.
Ordering the removal of Comey because of her perceived political beliefs and familial connections, as CLC argues in our brief, is a clear act of unlawful retribution that violates her First Amendment rights and threatens the rights of more than two million civil servants working in the government. Civil servants must be free to hold and express political opinions without fear of reprisal, and political alliance with the president cannot be a requirement for public service.
"President Trump’s relentless attempts to politicize the federal workforce have reached new heights with yet another high-profile dismissal meant to instill fear and compliance across the federal workforce," said Danielle Lang, vice president for voting rights and rule of law at Campaign Legal Center. "Firing an accomplished civil servant for the crime of being related to a political adversary is a gross violation of the First Amendment. It is crucial that the court steps in with expediency and calls this firing what it is — unlawful political retribution."
Comey seeks to have her case heard by a federal court rather than the Merit Systems Protection Board (MSPB), arguing that the MSPB is no longer independent from the president, as it was designed to be, and cannot give her a fair trial. As CLC argues, the federal courts have a duty and responsibility to protect civil servants from gross abuses of executive power.
"No civil servant should be fired because of who they associate with — whether it be their father or a friend," said Stacey Young, executive director and founder of Justice Connection. "Congress recognized nearly 150 years ago that government tasks were too important to be performed by loyalists. The law states that hiring, promotions and terminations should be based on merit — not sycophancy to political leadership."
"Apolitical public servants are a necessary precondition for the rule of law in our nation, and this is particularly true in those agencies which have the power to investigate the citizenry and, at times, charge and convict them of crimes," said Michael Feinberg, former FBI Assistant Special Agent in Charge. "I am hopeful that our judicial system will recognize this in Ms. Comey’s case, and begin to restore a sense of normalcy to our civil service procedures."
The administration is attempting to deprive Comey of her day in court and argue that her case must be adjudicated by the compromised MSPB. The District Court should swiftly rule on this case and uphold First Amendment protections for civil servants as a fundamental principle of nonpartisan, representative government.
Follow the latest updates on this amicus brief via Campaign Legal Center’s case page.
Learn more about presidential overreach and the politicization of the federal workforce here.
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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.
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