A federal judge put a Department of Justice (DOJ) lawyer on the spot after the lawyer defended President Donald Trump‘s firing of former Assistant US Attorney at the Southern District of New York, Maurene Comey, citing powers bestowed in the POTUS by Article II of the Constitution.

Comey sued the Trump administration after she was abruptly fired in July 2025 via a DOJ email, without prior notice or explanation, and citing only Article II of the Constitution, which vests power in the President to appoint or remove any executive branch officials or employees.

Comey, who is the daughter of former Federal Bureau of Investigation (FBI) director James Comey, was a highly regarded prosecutor who played key roles in high-profile criminal cases such as those of Jeffrey Epstein, Ghislaine Maxwell, and Sean “Diddy” Combs.

 

 
 
 
 
 
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In her civil lawsuit complaint, Comey alleged that her termination had no “legitimate explanation.” She alleged that she was fired “solely or substantially because her father is former FBI Director James B. Comey, or because of her perceived political affiliation and beliefs, or both,” according to Courthouse News Service.

Trump’s DOJ has two indictments against James Comey, who was fired by the POTUS in May 2017, months after his bureau launched an investigation into the alleged Russian interference in the 2016 US presidential elections.

When asked about Maurene Comey’s termination, the then-interim US Attorney for the Southern District of New York reportedly told Comey, “All I can say is it came from Washington. I can’t tell you anything else.”

Now, at a pretrial hearing on May 28, 2026, in New York, DOJ lawyer Karen Lesperance defended Trump’s removal of Comey and said that her termination was valid “even if there were political motivations,” a Politico report said.

US District Judge Jesse Furman then asked Lesperance what the limits were for the President’s Article II powers, and questioned if the POTUS could fire people to have an “all-white executive branch? or an all-black?” the news publication reported.

Lesperance reportedly “stammered” and responded that she cannot answer on the government’s behalf. To this, Judge Furman reportedly said, “You’re representing the government.”

Comey’s attorney, Ellen Blain, said that the DOJ lawyer was creating a “novel and breathtaking theory about the scope of Article II power,” Politico reported.

Blain also added that she expects the Trump administration to try to withhold several documents by invoking its executive privilege and deliberative-process privilege.

Earlier, the Trump administration had sought to dismiss Comey’s lawsuit, arguing that career prosecutors should challenge their terminations through administrative proceedings via the Merit Systems Protection Board, according to Courthouse News Service.

However, on April 28, 2026, Judge Furman ruled that Comey’s lawsuit can proceed in the federal district court because she was fired under Article II rather than through the standard Civil Service Reform Act channels.

Comey’s lawsuit names former Attorney General Pamela Bondi, the Executive Office of the President, and other DOJ officials as defendants.

Judge Furman ordered the Trump administration to answer Comey’s claims within two weeks of his April 28 ruling.