Justice Department Seeks Dismissal of Maurene Comey's Lawsuit
The U.S. Justice Department is attempting to dismiss a lawsuit filed by former federal prosecutor Maurene Comey on procedural grounds, arguing she failed to comply with administrative requirements.
Overview
The U.S. Justice Department is seeking to dismiss a lawsuit brought by Maurene Comey, a fired former federal prosecutor, on procedural grounds.
Comey's lawsuit alleges her firing was politically motivated due to her father being former FBI Director James Comey, raising questions of improper influence.
The Justice Department submitted a joint letter to Judge Jesse M. Furman, arguing for dismissal due to Comey's failure to comply with administrative procedures.
The department contends that the Merit Systems Protection Board (MSPB) is the appropriate venue to adjudicate Comey's claims, not the federal court.
Comey's lawyers counter that the MSPB lacks the necessary expertise to handle the novel constitutional questions regarding separation of powers in this dispute.
Analysis
Center-leaning sources cover this story neutrally, focusing on the factual details of the legal proceedings. They present both the Justice Department's procedural arguments for dismissal and Maurene Comey's lawyers' counter-arguments regarding the Merit Systems Protection Board's suitability. The reporting avoids loaded language and provides relevant background on Comey's professional history without editorializing.
Sources (3)
FAQ
The Justice Department argues for dismissal because Maurene Comey failed to comply with administrative procedures, contending that the Merit Systems Protection Board (MSPB) is the proper venue to handle her claims rather than the federal court.
She alleges that her firing was politically motivated because of her father’s identity as former FBI Director James Comey and possibly due to her perceived political affiliations and beliefs, claiming her removal was without legitimate cause and unconstitutional.
Comey claims her termination violated the First and Fifth Amendments of the U.S. Constitution and multiple provisions of the Civil Service Reform Act, which protects federal employees from politically motivated firing and requires specific procedures for removal.
They argue that the MSPB does not have the necessary expertise to adjudicate the novel constitutional questions involved in this dispute, particularly issues related to separation of powers.
The firing notification referenced Article II, which relates to presidential powers, as justification for the removal, though it did not provide any specific cause or explanation for her termination.
History
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