NEW YORK (Civitas) — The U.S. Justice Department is actively seeking to have a lawsuit dismissed that was filed by Maurene Comey, a former federal prosecutor, asserting that she did not properly follow procedural guidelines before bringing her case against the department.
This legal maneuver was disclosed in court documents submitted ahead of a hearing in Manhattan federal court scheduled for Thursday.
After her termination in July, Comey initiated legal action in September against the Justice Department, the Executive Office of the President, Attorney General Pamela Bondi, the Office of Personnel Management, and the United States as a whole.
Comey claims her dismissal was politically driven and linked to her father, James Comey, the former FBI Director who was controversially fired by President Donald Trump in 2017.
In documents filed, the Justice Department contended that Comey's lawsuit was premature because she failed to exhaust all administrative options, specifically stating that the Merit Systems Protection Board (MSPB) should have been the first avenue for her complaint. The Justice Department refuted her belief that appealing to the board was futile.
Her legal representatives countered, claiming the MSPB lacked the necessary authority to handle her unique case, which involves essential constitutional questions regarding the separation of powers. Additionally, they argued the board no longer functions independently from the executive branch.
Significantly, the case has gained attention as former U.S. Attorney John Sarcone in Albany took on the matter following the recusal of prosecutors in New York, where Comey had previously been involved in prosecuting high-profile cases, including the conviction of Ghislaine Maxwell for sex trafficking.
Just weeks prior to her dismissal, Comey’s prosecution team secured a conviction against music mogul Sean Combs for prostitution-related charges, although he was acquitted of more severe charges. Combs is expected to be released from prison in June 2028.
Ghislaine Maxwell awaits her sentence at a Texas prison after being found guilty of assisting Jeffrey Epstein in the sex abuse of minors. Epstein's unexpected death in custody sparked significant controversy, further highlighting the complexities surrounding these cases.





















