James Comey’s Daughter Lands Major Win in Lawsuit Against Trump

Source: The New Republic · Bias: Left

Summary

A federal judge has rejected the Department of Justice’s attempt to dismiss former U.S. Attorney Maurene Comey’s lawsuit challenging her wrongful termination.Comey alleged that she’d been improperly terminated in July “solely or substantially” because her father is former FBI Director James Comey, a target of President Donald Trump’s reckless revenge scheme. When she was terminated from her position at the U.S. Attorney’s Office in the Southern District of New York, the notice simply cited Article 2 of the U.S. Constitution, which “vest[s]” the “executive Power” in the president.Rather than challenge Comey’s allegations outright, the Department of Justice argued that she could not bring her claim to federal court but instead needed to go through the Merit Systems Protection Board. That board was established by the Civil Service Reform Act, or CSRA, of 1978. In a 27-page order filed Tuesday, District Judge Jesse E. Furman rejected the government’s motion to dismiss the case. “Comey’s case does not fall within the purview of the CSRA’s scheme because she was fired pursuant to Article II of the Constitution, not pursuant to the CSRA itself,” Furman wrote. Furman ordered the government to answer Comey’s claims within two weeks, and scheduled a pretrial conference in exactly one month.

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James Comey’s Daughter Lands Major Win in Lawsuit Against Trump
The New Republic

James Comey’s Daughter Lands Major Win in Lawsuit Against Trump

Left

A federal judge has rejected the Department of Justice’s attempt to dismiss former U.S. Attorney Maurene Comey’s lawsuit challenging her wrongful termination.Comey alleged that she’d been improperly terminated in July “solely or substantially” because her father is former FBI Director James Comey, a target of President Donald Trump’s reckless revenge scheme. When she was terminated from her position at the U.S. Attorney’s Office in the Southern District of New York, the notice simply cited Article 2 of the U.S. Constitution, which “vest[s]” the “executive Power” in the president.Rather than challenge Comey’s allegations outright, the Department of Justice argued that she could not bring her claim to federal court but instead needed to go through the Merit Systems Protection Board. That board was established by the Civil Service Reform Act, or CSRA, of 1978. In a 27-page order filed Tuesday, District Judge Jesse E. Furman rejected the government’s motion to dismiss the case. “Comey’s case does not fall within the purview of the CSRA’s scheme because she was fired pursuant to Article II of the Constitution, not pursuant to the CSRA itself,” Furman wrote. Furman ordered the government to answer Comey’s claims within two weeks, and scheduled a pretrial conference in exactly one month.