US Justice Department seeks to dismiss lawsuit over Maurene Comey’s firing

Comey alleges that the Trump medication fired her for governmental reasons, including her household ties to erstwhile FBI manager James Comey.

The United States Justice Department is seeking the dismissal of a suit brought by erstwhile national authoritative Maurene Comey to contention her firing.

In tribunal papers filed connected Monday, the Justice Department argued Comey did not decently travel administrative ailment procedures earlier suing.

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The petition to disregard the suit came up of a Thursday proceeding successful the lawsuit earlier a Manhattan national court.

In September, Comey sued the department, the Executive Office of the President, US Attorney General Pamela Bondi, the Office of Personnel Management and the United States.

The suit said her July firing was based connected governmental reasons, including that her begetter is James Comey, the erstwhile manager of the Federal Bureau of Investigation (FBI) and a salient professional of President Donald Trump.

Trump fired James Comey successful 2017, amid disagreements implicit an probe into Russian interference successful the 2016 statesmanlike election.

Inside the dismissal petition

The Justice Department petitioned for the dismissal of Maurene Comey’s lawsuit successful a associated letter submitted to Judge Jesse M Furman.

Maurene Comey’s lawyers and the main of the civilian part of the national prosecutor’s bureau successful Albany some contributed to the letter.

The Justice Department argued that Maurene Comey’s ailment should beryllium tossed due to the fact that she did not afloat comply with administrative procedures requiring the Merit Systems Protection Board to archetypal see her claim.

It besides rejected her lawsuit’s assertion that the announcement of entreaty she filed with the committee was futile.

The board, the Justice Department maintained, was “the due forum to find whether, arsenic Ms Comey claims, her removal was a prohibited unit enactment oregon an arbitrary and capricious bureau action”.

Comey’s lawyers said successful the filing that the committee “lacks expertise to adjudicate this caller dispute” and was not an due forum due to the fact that “this lawsuit raises foundational law questions with respect to the separation of powers”.

They besides argued that it was “no longer true” that the committee functions independently of the president.

Last month, US Attorney John Sarcone successful Albany took the lawsuit aft the recusal of prosecutors successful New York, wherever Maurene Comey had secured blameworthy verdicts successful respective high-profile cases, including the enactment trafficking condemnation of Ghislaine Maxwell and the bribery convictions of erstwhile US Senator Bob Menendez and his wife.

Two weeks earlier Maurene Comey was fired, a assemblage convicted euphony maven Sean Combs of prostitution-related charges, though it acquitted him of much superior enactment trafficking and racketeering conspiracy charges. She led the prosecution team.

Combs, 56, is scheduled for merchandise from situation successful June 2028.

Maxwell, 63, was convicted successful December 2021 connected sex-trafficking charges aft a assemblage recovered she aided the enactment maltreatment of girls and women by financier Jeffrey Epstein. Epstein was recovered dormant successful his national jailhouse compartment successful August 2019 arsenic helium awaited a enactment trafficking charge. His decease was ruled a suicide.

Maxwell is serving a 20-year situation condemnation astatine a situation campy successful Texas, wherever she was transferred past summertime from a situation successful Florida.

Robert Menendez, 71, is imprisoned successful Pennsylvania. He is scheduled for merchandise successful September 2034.