Political retaliation or Presidential authority? Maurene Comey’s attorney speaks out
MS NOW
0:00 in his second term Donald Trump has
0:01 turned a campaign promise to punish political
0:03 opponents into a guiding principle of governance
0:05 what started on the campaign trail in 2023,
0:07 when Donald Trump told a crowd, quote, I am your retribution has evolved
0:12 into a broader effort to punish perceived political enemies,
0:15 expand executive power and reshape the federal government.
0:18 One person who seems to have found THE FEDERAL PROSECUTOR WHEN YOU
0:24 MAY NOT HAVE KNOWN BUT YOU MAY KNOW THE NAME, NAMED COMEY.
0:28 NOT THE COMEY YOU MIGHT BE THINKING ABOUT, I'M TALKING ABOUT MAUREEN COMEY.
0:31 FOR NEARLY 10 YEARS,
0:33 Maureen Comey was one of the most prominent federal prosecutors in the country.
0:37 She worked in the U .S.
0:39 Attorney's Office for the Southern District of New York,
0:42 and she was at the forefront of the office's most high-profile cases,
0:45 including the DURING HER TIME AT THE DOJ,
0:51 COMES WANTED TO SUPREVISE A BRIBERY CASE
0:53 AGAINST THE FORMER NEW JERSEY SENATOR BOB MENENDEZ.
0:57 DURING HER TIME AT THE D .O .J.,
0:59 Comey handled 11 criminal trials and secured more than 200 convictions.
1:04 She also led units that were focused on organized crime and public corruption.
1:09 She was by all accounts a highly respected prosecutor.
1:12 Then she was fired in July of 2025 without explanation.
1:16 It sent shockwaves around the Manhattan U .S.
1:20 Attorney's Office and the legal community at large.
1:22 Now here's the thing, I mentioned the other Comey,
1:25 the former FBI director James Comey.
1:27 Maureen Comey is James Comey's daughter.
1:30 She alleges that she was dismissed again without explanation because she's
1:33 the daughter of James Comey or because of her perceived political beliefs.
1:38 Or perhaps both.
1:39 The day after her firing,
1:41 Maureen Comey sent a message to former colleagues warning
1:45 against intimidation inside the Justice Department writing in part,
1:48 quote, if a career prosecutor can be fired without reason,
1:51 fear may seep into the decisions of those who remain.
1:54 Do not let that happen.
1:56 Fear is the tool of a tyrant wielded to suppress independent thought.
2:01 Instead of fear, let this moment fuel the fire
2:04 that already burns at the heart of this place,
2:06 a fire of righteous indignation at abuses of power,
2:09 of commitment to seek justice for victims,
2:12 of dedication to truth above all else, end quote.
2:15 Her firing came amid a broader exodus at the DOJ,
2:18 where many long-time Justice Department lawyers either left
2:22 of their own accord or were pushed out because
2:25 of their involvement in criminal cases tied to Trump
2:27 or the January 6th attack on the Capitol.
2:30 Again, Maureen Comey prosecuted both Epstein and Ghislaine Maxwell,
2:35 and her dismissal came right around the same time that Trump
2:39 was facing mounting criticism over
2:40 his administration's release of the Epstein files.
2:43 Maureen Comey later challenged her firing in federal court.
2:47 This is interesting.
2:48 Recently, a judge ruled that her lawsuit
2:51 against the Justice Department can move forward.
2:54 And I want to discuss some of the reasons why.
2:56 I'm joined now by Ellen Blaine,
2:57 who is the attorney representing Maureen Comey in this case.
3:00 Ellen, welcome.
3:01 Thank you for being with us.
3:02 Nice to be here.
3:03 People sort of know the story around the edges,
3:06 but it's real and it's a big, it's a big deal.
3:09 And what happened in federal court was a very big deal.
3:11 I'm not sure everybody expected it.
3:13 Maybe you might have seen it coming.
3:15 Tell us what this development is.
3:17 Maureen Comey asked for the ability to sue the Department of Justice,
3:21 which wouldn't typically be how this goes?
3:23 That's right.
3:24 So as you say, Ms.
3:24 Comey served for almost a decade
3:27 as an exemplary federal prosecutor leading these high-profile cases.
3:31 And the day after she was asked to lead another one, she was fired.
3:35 Summarily, without cause, without notice.
3:37 That is unlawful because the only possible reason she was fired,
3:41 as you note, is her last name.
3:43 Now that violates laws passed by Congress to protect federal civil servants like
3:49 her and the millions of other federal employees
3:51 who work for the federal government right now, but it also violates the U .S.
3:55 Constitution.
3:56 So she filed suit in federal court
3:57 to ask this fundamental THIS IS A FUNDAMENTAL QUESTION.
4:00 THIS CASE IS ABOUT MORE THAN WHETHER IT'S OKAY TO FIRE MS.
4:04 COMEY, BUT WHETHER THE PRESIDENT CAN ACTUALLY DO THIS.
4:07 CAN THE PRESIDENT VIOLATE LAWS PASSED BY CONGRESS UNDER ARTICLE ONE,
4:12 AND CAN THE PRESIDENT VIOLATE THE BILL OF RIGHTS?
4:15 THAT QUESTION THIS COURT DECIDED BELONGS BEFORE A FEDERAL JUDGE.
4:20 IT DOES NOT BELONG BEFORE
4:21 AN ADMINISTRATIVE PROCEEDING THAT THIS this administration
4:25 has maneuvered to make beholden entirely to the president.
4:29 So those are two different issues.
4:30 One is there are lots of administrative proceedings
4:32 that this administration has tangled with and, you know, manipulated.
4:36 What's the federal question here?
4:38 That if the president is going to use his influence or authority,
4:43 he's got to have that authority.
4:45 Yes.
4:46 The federal question is, the president,
4:47 this administration has said publicly THE PRESIDENT HAS
4:52 UNFETTERED DISCRETION TO EXERCISE HIS ARTICLE 2 POWER.
4:56 ARTICLE 2 IS WHAT CREATES THE EXECUTIVE BRANCH IN THE CONSTITUTION AND IT
5:01 PUTS THE PRESIDENT IN CHARGE OF IT'S NOT GOING TO DO ANYTHING.
5:08 I CAN VIOLATE ANY LAW THAT CONGRESS HAS PASSED,
5:10 BY THE WAY THESE LAWS WERE PASSED SINCE 1883 TO PROTECT THE CIVIL
5:14 SERVICE AND I CAN I DON'T THINK I CAN VIOLATE THE FIRST AMENDMENT,
5:17 THE FIFTH AMENDMENT AND THE REST OF THE CONSTITUTION BECAUSE I HAVE THAT POWER.
5:22 THE QUESTION BEFORE THE COURT IS IS THAT RIGHT?
5:24 DO WE ACTUALLY HAVE DO WE HAVE A SEPARATION OF POWERS IN THIS COUNTRY?
5:27 DO WE HAVE THREE EQUAL BRANCHES OF GOVERNMENT
5:30 OR IS ONE ACTUALLY MORE IMPORTANT THAN THE OTHER?
5:33 AND MAUREEN COLEY'S ARGUMENT IS THAT THAT'S
5:34 NOT A QUESTION FOR AN ADMINISTRATIVE panel.
5:36 That's a federal court question that might want
5:39 to end up in front of the Supreme Court even.
5:42 Indeed, and not only is it not a question for an administrative panel,
5:45 but let's sort of take a step back and remind us
5:48 what's happened to this FEDERAL CIVIL SERVICE AND TO THAT ADMINISTRATIVE PANEL.
5:52 THIS ADMINISTRATION HAS TAKEN NUMEROUS STEPS
5:55 TO SYSTEMATICALLY HOLLOW OUT THE CIVIL
5:57 SERVICE AND THE PROTECTIONS THAT HAVE EXISTED SINCE THE PENDULTON ACT IN 1883,
6:02 WHEN ANDREW JACKSON WAS PRESIDENT, IT'S BEEN AROUND A LONG TIME AND IN 18 MONTHS
6:07 THIS ADMINISTRATION HAS DISMANTLED 100
6:09 YEARS OF THOSE PROTECTIONS OVERNIGHT SEEMINGLY.
6:12 THEY'VE DONE IT BY FIRST SAYING THE PRESIDENT
6:15 CAN DO WHATEVER HE WANTS UNDER ARTICLE 2.
6:17 I DON'T CARE WHAT CONGRESS SAYS, I DON'T CARE WHAT THE CONSTITUTION SAYS.
6:20 AND SPECIFICALLY, I,
6:21 THE PRESIDENT OR SOMEONE WORKING IN HIS BEHEST AS WE ALLEGE IN THE COMPLAINT,
6:26 CAN SAY I'M GOING TO VIOLATE SOMETHING CALLED THE CIVIL SERVICE REFORM ACT.
6:30 THAT'S BEEN ON THE BOOKS FOR DECADES, IN FACT,
6:33 MORE THAN 100 YEARS IN SOME FASHION THAT SAYS
6:36 FEDERAL SERVANTS THE PRESIDENT'S UNDERLINKS SAYING THAT DOESN'T MATTER,
6:46 WE CAN VIOLATE THAT.
6:47 THEN THEY SAY, BUT YOU, FEDERAL EMPLOYEE,
6:50 you still have to go through the process that that law creates.
6:55 You don't have any protections that that law gives you,
6:58 but you still have to be beholden to the process.
7:00 And that process means you, federal employee,
7:03 need to go before this prior little-known
7:06 board called the Merit Systems Protection Board, MSPB.
7:10 And that's where the fight belongs.
7:11 But then they did something else, and this is really the kicker.
7:14 Not only did the president say I can do whatever I want.
7:17 Doesn't matter what the law say.
7:18 Not only did he say, you don't have protections under the law,
7:21 but you've got to follow the law.
7:22 But I don't.
7:23 But he also said this board, the MSPB, I'm going to take away its independence.
7:28 I'm going to fire the board members.
7:30 I'm going to put in place only board members who are subservient to me,
7:33 and I'm going to issue an executive order that directs
7:36 those board members to follow the law as I determine it.
7:40 So do you think federal employees will get a fair fight BEFORE THE BOARD NOW?
7:44 NO.
7:44 AND THAT'S WHAT THIS DECISION MEANS.
7:47 THIS DECISION MEANS THAT THE FIGHT
7:48 ABOUT OUR CONSTITUTION AND WHETHER THE PRESIDENT
7:51 HAS THAT POWER ISN'T BEFORE THIS BOARD NOW TOTALLY BEHOLDEN TO THE PRESIDENT
7:55 BUT AS A IT'S A FAIR FIGHT IN FRONT OF A FEDERAL JUDGE
7:59 IN AN OPEN COURTROOM WHERE THE FEDERAL GOVERNMENT HAS TO JUSTIFY ITS ACTIONS.
8:02 SO THE OUTCOME HERE IS FAR BROADER AND FAR MORE IMPACT THAN MAUREEN COMEY.
8:08 YES, AND THAT IS CRITICAL TO HER.
8:09 NOT ONLY IS SHE TRYING TO VINDICATE HER RIGHTS BUT SHE'S TRYING
8:12 TO VINDICATE THE RIGHTS OF ALL THE BRAVE CIVIL SERVANTS WHO ARE
8:16 FOLLOWING THE LAW AND THE FACTS WITHOUT FEAR OR FAVOR WHEREVER THEY
8:19 MAY LEAD RIGHT NOW BUT ARE SCARED THAT THEY COULD BE NEXT.
8:23 WE'RE A LOT SMARTER ABOUT THIS.
8:25 I REALLY APPRECIATE YOUR EXPLANATION HERE.
8:27 ELLEN BLANE IS A PARTNER at cleric urine and rice bomb LLP.
8:30 She's a lawyer representing Maureen Comey
8:32 in her lawsuit against the Department of Justice,
8:34 a story that we'll stay on top of.