Judge blocks DOJ’s attempt to move Maurene Comey’s wrongful termination suit out of court
Daughter of former FBI Director James Comey, Maurene Comey, leaves the Albert V. Bryan United States Courthouse on November 13, 2025 in Alexandria, Virginia. (Alex Wong/Getty Images)
(NEW YORK) — A federal judge in New York on Tuesday blocked the Justice Department’s attempt to move Maurene Comey’s lawsuit over her firing as a federal prosecutor out of court.
Comey, the daughter of former FBI director James Comey, has joined a private law practice but is suing for unlawful termination after she was fired last year from the U.S. Attorney’s Office for the Southern District of New York.
The Justice Department argued that her case belongs before the Merit Systems Protection Board and not in federal district court.
Judge Jesse Furman decided the case belongs with him because Comey was fired pursuant to the president’s executive authority and not the usual procedures for civil servants.
“Maurene Comey was, by all accounts, an exemplary Assistant United States Attorney. In her nearly ten years working at the United States Attorney’s Office for the Southern District of New York, she was assigned some of the country’s highest profile cases, and she consistently received the highest accolades from supervisors and peers alike,” the judge’s opinion said.
“Comey was notified by email from Department of Justice officials in Washington, D.C., that her employment was terminated, effective immediately,” the judge wrote. “She was given one and only one reason for her removal: Article II of the U.S. Constitution, which ‘vest[s]’ the ‘executive Power’ in the President.”
The DOJ, in court filings, has characterized Comey’s case as routine.
“A federal employee’s claims that removal from federal service was arbitrary and capricious or conducted in a manner that did not provide the process to which they contend they were due is not a novel issue,” government attorneys said.
Comey, who prosecuted high-profile defendants including Sean Combs, Robert Hadden, Jeffrey Epstein and Ghislaine Maxwell, alleged she was fired “because her father is former FBI Director James B. Comey, or because of her perceived political affiliation and beliefs, or both.”
Demonstrators against the ongoing Immigration and Customs Enforcement (ICE) deployment march during a protest in Minneapolis, Minnesota, US, on Sunday, Jan. 25, 2026. (Jaida Grey Eagle/Bloomberg via Getty Images)
(MINNEAPOLIS) — A federal judge heard arguments Monday on the state of Minnesota’s request for a temporary restraining order to halt the Trump administration’s immigration enforcement operation in the state.
The hearing came two days after the death of 37-year-old Alex Pretti in what was the second shooting of a U.S. citizen this month by federal immigration enforcement agents in Minneapolis.
An attorney representing the state said in Monday’s hearing that the enforcement action, dubbed “Operation Metro Surge,” is the nation’s single largest escalation of immigration enforcement, despite Minnesota not having the largest number of non-citizens with criminal convictions.
“Yet the federal government has sent an unprecedented force of thousands of masked agents armed with assault rifles to spread through our region in roving patrols that are racially profiling and inflicting violence on people,” argued state attorney Lindsey Middlecamp.
Brian Carter, another state attorney, argued that there’s a lack of precedent because “the conduct [from the federal government] is so outrageously unlawful we’ve never seen it before.”
“In the 250 years of this nation’s history, we have never seen a federal government attack states based on personal animosity,” Carter argued.
“Well, we’ve seen the federal government take very robust responses to states that aren’t yielding to federal authority,” U.S. District Judge Katherine Menendez interrupted.
“Absolutely, but that’s based on the rule of law,” Carter responded.
When Judge Menendez asked what exactly the state wants her to do, Carter said, “End Operation Metro Surge.”
“The whole Operation Metro Surge is an illegal means to an illegal end, so just ending the whole thing is the appropriate remedy there,” Carter said.
“You understand the federal government has a lot of power in this area, so I’m trying to figure out what principle you’re asking me to apply that will sort out legal federal law enforcement from this 10th Amendment argument,” Judge Menendez said.
An attorney representing the federal government called the state’s request to end Operation Metro Surge “staggering.”
“The effect of their requested relief would be essentially removing the officers whom the president has concluded should be there to enforce federal immigration law,” said attorney Brantley Mayers. “It’s pretty staggering.”
Mayers argued that the requested relief should be subject to “a heightened standard.”
“They’re challenging one law enforcement initiative,” replied Judge Menendez. “They’re not challenging the enforcement of immigration law writ large.”
Mayers said that if the judge issues an order to end Operation Metro Surge, it “would be very difficult to implement.”
“If it’s difficult to implement, does that mean I can do nothing?” Judge Menendez asked.
Mayers responded by saying such an order would create a “very difficult separation of powers problem.”
The judge also said she is “grappling” with the alleged illegalities identified by the state, pointing to other lawsuits filed in Minnesota.
“Isn’t the answer to the flood of illegality to fight each illegal act?” Judge Menendez asked, noting that the conduct of federal agents is already the subject of separate litigation.
Menendez also questioned how she should draw the line between legitimate federal pressure and illegal coercion.
“How do I decide when a law enforcement response crosses the line from a legitimate response to one that violates the 10th Amendment?” she asked.
Carter argued that there are “4,000 masked, armed federal agents engaged in systemic, pervasive, and illegal violent behavior” that is “so far out on the other side of the line.”
“We’ve got retaliation, we’ve got racial profiling, we’ve got warrantless entries into homes,” Carter said.
Middlecamp said that U.S. Attorney General Pam Bondi’s letter to Gov. Tim Walz Saturday in which she sought information about the state’s voter rolls and records on Medicaid and Food and Nutrition Service programs as a condition for ICE agents pulling back on enforcement, “can only be described as a ransom note.”
“President Trump himself took to social media last night to reaffirm those very purposes. Their message is clear,” Middlecamp said. “Minnesota can either change its laws and policies or suffer an invasion of masked armed forces. This is precisely the type of coercion and commandeering that violates the 10th Amendment.”
Middlecamp argued there has been “excessive force and unsupported detentions and arrests of legal observers” and said that DHS agents have been collecting photos and license plates of observers so they can confront them.
“Even though they are not charged with a crime or reasonably suspected of a crime, there has been indiscriminate use of chemical irritants,” she said.
The attorney argued that Operation Metro Surge is having “clear impacts on the sovereign interest to create and protect public safety, public health, and public education.”
Sara Lathrop, an attorney for the city of Minneapolis, said the weekend’s shooting “demonstrated in a terrifying way that the current situation is absolutely untenable.”
“The relief we need needs to be ordered now to take down the temperature,” Lathrop said.
In response, Judge Menendez said that “not all crises have a fix from a district court injunction.”
Carter, the state attorney, wrapped up arguments by saying the state came to the court to “protect its sovereignty.”
“The state of Minnesota comes here today to protect its sovereignty, to stop the harm to its sovereign rights under the Constitution that sets states up as independent sovereigns,” Carter said. “If we can’t come to the court and vindicate those rights, where else does a state go?”
Judge Menendez did not issue an order immediately following the hearing.
“I do not intend in any way for the depth of my analysis or whatever time I take to write to be seen as a belief that this is unimportant,” she said. “It’s because it’s extremely important that I’m doing everything I can to get it right,” the judge said.
d4vd looks on during his arraignment for the murder of Celeste Rivas Hernandez at Clara Shortridge Foltz Criminal Justice Center on April 20, 2026 in Los Angeles, California. (Ted Soqui – Pool/Getty Images)
(LOS ANGELES) — The 14-year-old girl whose dismembered remains authorities say were found decomposing in the singer D4vd’s towed Tesla last year died by “multiple penetrating injuries,” according to the newly unsealed medical examiner’s report.
D4vd — a 21-year-old Los Angeles resident whose legal name is David Burke — has been charged with first-degree murder in connection with the death of the teen, Celeste Rivas Hernandez, officials said. The “Romantic Homicide” singer was arrested last week following a monthslong investigation.
The Los Angeles County medical examiner found she had two penetrating wounds of her torso, including injury to her liver, and reported evidence of traumatic injury. There were presumptive positives for benzodiazepines and meth/MDMA in her system, the report stated.
There was severe postmortem change to her body based on how long she had been dead.
This is a developing story. Please check back for updates.
Andi Burns, 19, was pulled from freezing water after her truck crashed and first responders rescued her just in time. (ABC News)
(BATAVIA TOWNSHIP, Ohio) — A 19-year-old who crashed and became trapped upside down in a river in Batavia Township, Ohio, was pulled from her sinking pickup in a dramatic rescue captured on body camera footage.
The footage from the Clermont County Sheriff’s Office obtained by ABC News showed first responders on Feb. 22 working to safely rescue Andi Burns as rising, freezing water filled the truck and a dispatcher stayed on the line to keep her calm.
Burns was driving home from work on State Route 222 when she lost control of her vehicle on black ice, hit a tree and plunged off a steep embankment into the Little Miami River, according to a copy of the accident report from the Ohio State Highway Patrol.
Deputies and firefighters arrived on the scene to find the truck overturned in the river, according to the sheriff’s office.
According to Clermont County officials, Burns was wearing an Apple Watch that automatically called 911 using its crash detection feature.
“Please God please,” Burns was heard saying on the 911 call, telling dispatch that her head was “barely up” from the water.
In an interview with ABC News recalling the incident, Burns said she was “terrified.”
“It was completely black out, pitch black,” she said. “I didn’t think that anybody could hear me or knew what happened — I just was starting to freak out.”
Rescuers jumped into the water and shouted for tools to shatter a window and pop the door as they fought to reach her, according to the body camera footage.
“Grab my hand, grab both my hands,” one of the firefighters could be heard telling Burns in the footage.
Firefighter and EMT Tommy Jetter, who’s in his first year on the job, told ABC News that “the way that the car went in and flipped upside down altogether, that’s a very, very dangerous car accident wreck.”
He credited Burns for “being able to stay awake and find that air pocket and for her staying calm is very impressive.”
With the cab of the truck nearly filled with water and her head just inches from the water, crews were able to free Burns and pull her to safety, according to the footage.
“We got her!” the rescue team was heard shouting in the body cam footage.
Burns did not sustain any serious injuries and was able to walk away from the scene with just bruises, the accident report says.
“Surviving that car accident of one being in the water is very, very, very lucky, very fortunate, God was definitely on her side for that,” Jetter said.
Burns told ABC News she plans to become an EMT in Clermont County.
