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.”
Ice chunks float in the Hudson River in front of the skyline of midtown Manhattan and the Empire State Building in New York City as seen from Hoboken, New Jersey, Jan. 26, 2026. (Gary Hershorn/ABC News)
The details are not yet clear, but here is what the forecast shows so far:
On Friday afternoon and night, a low-pressure system may bring snow to parts of Tennessee and Kentucky.
On Saturday, snow is expected from Georgia to Maryland. Snow totals are not yet clear, but everyone along the coast from Atlanta to Baltimore should be prepared for heavy snow.
Major travel impacts are possible on Saturday at Charlotte Douglas International Airport in North Carolina.
Strong, potentially damaging winds are also possible in Alabama, Georgia, and Florida.
On Sunday, the storm could take two paths.
If it heads out to sea, Sunday will be mostly dry for the East Coast, though gusty winds and coastal erosion will still be possible.
If the system hugs the coast, a nor’easter will bring snow to coastal areas of the Mid-Atlantic and Northeast. The snow would hit most of Sunday and end overnight into Monday.
An undated photo from the estate of Jeffrey Epstein is part of a collection of images released Dec. 18, 2025, by Democrats on the House Oversight Committee. (House Oversight Committee Democrats)
(WASHINGTON) — Democrats on the House Oversight Committee are seeking testimony from private investigators who removed and stored a trove of evidence from the late sex offender Jeffrey Epstein’s Palm Beach mansion before it was searched by police in 2005, according to letters reviewed by ABC News.
With the Department of Justice appearing to have never obtained the evidence — which included three desktop computers and more than two dozen phone directories — lawmakers want to interview the men about the removal of what could have been key evidence for police and prosecutors in their probe into Epstein’s sex trafficking.
“[T]he Committee requests that you make yourself available for a transcribed interview to provide insight into the contents, removal, storage, and location of the materials removed from Mr. Epstein’s Palm Beach home,” Oversight Committee ranking member Rep. Robert Garcia of California wrote in letters that were sent to the three private investigators, who were working for Epstein.
“The Committee also seeks information regarding the reason for the removal of these materials, the potential withholding of these materials from law enforcement, and any other information regarding the activities and crimes of Jeffrey Epstein and any of his co-conspirators,” Garcia wrote.
ABC News last month reported about the removal of the potential evidence, which may have shielded Epstein from legal scrutiny and contributed to how he was able to largely evade justice for more than a decade.
The Department of Justice’s Office of Professional Responsibility (OPR) issued a report in 2020 that faulted Alexander Acosta — then the top federal prosecutor in Miami — for agreeing to a plea deal with Epstein on charges in Florida before securing the missing computers, including one that was believed to have video footage from Epstein’s home surveillance cameras.
“There was good reason to believe the computers contained relevant — and potentially critical — information; and it was clear Epstein did not want the contents of his computers disclosed,” the OPR report said.
In letters first obtained by ABC News, Garcia formally requested that private investigators Paul Lavery, Stephen Kiraly and William Riley appear separately for voluntary transcribed interviews. The deadline for the investigators to respond is April 9.
According to the letters, Epstein’s longtime attorney Darren Indyke — who sat for a deposition before the Oversight panel last week — told lawmakers that the evidence was likely never turned over to law enforcement.
“After Epstein’s conviction, after he served jail time, through conversations with defense counsel I became aware that there were computer hard drives in the possession of private investigators,” Indyke said in his deposition. “I just don’t know how they came into possession, but I knew of the existence of hard drives.”
Documents released earlier this year by the Department of Justice shed new light on the removal of the potential evidence. According to a 2005 memo from private investigator William Riley to one of Epstein’s criminal defense lawyers, Lavery visited Epstein’s Palm Beach home to remove “items of potential evidentiary value” less than two weeks before police raided the mansion in October 2005.
Lavery removed more than 100 pieces of potential evidence, according to an index released by the DOJ, including the three computers, 29 bound telephone directories and a listing of nearby masseuses, as well as a trove of sexually explicit materials. Among the removed materials was a photo with a handwritten message saying, “You better never forget about me” from an unknown woman who signed her name “Class of 2005.”
When the Palm Beach Police Department searched Epstein’s home two weeks later, investigators noted that multiple computers from the property “were conspicuously absent” from the home, including one linked to Epstein’s surveillance system.
While federal prosecutors attempted to recover the evidence while investigating Epstein in the late 2000s — including subpoenaing Riley for testimony — law enforcement agreed to abandon the effort when Epstein agreed to the 2008 plea deal that allowed him to avoid a lengthy jail sentence. Documents released by the Department of Justice indicate Epstein’s attorneys continued to keep tabs on the evidence to ensure the materials were not disclosed to attorneys for Epstein’s victims in civil litigation.
In 2009, Riley confirmed that he would continue to store the materials in a “safe and secure location,” though the evidence’s location in the following decade remains unclear.
“If at any time, you are unable to maintain possession of those materials or have any concern whatsoever that Mr. Epstein’s possession may be compromised in any manner, please advise me immediately such that we can take the necessary actions to protect and preserve those materials as is required in the Non-Prosecution Agreement,” an attorney for Epstein wrote in a letter memorializing the conservation about the evidence.
Billing records of the private detective agency owned by Riley and Kiraly, both former Miami police officers, show that the firm’s invoices for Epstein and his attorneys spanned several years and included recurring charges for a storage facility, according to records included in the DOJ’s release of Epstein files.
Riley and Lavery did not respond to requests for comment last month. Reached by phone, Kiraly said he would not discuss anything related to Epstein.
Garcia told ABC News “it’s incredibly troubling” that Epstein’s computers and hard drives were in possession of private investigators and may have never been seen by any law enforcement agency.
“This idea that now these private investigators have this enormous amount of information that has not been accessible to us on the committee or in Congress or the American public is pretty significant,” Garcia said. “They’re an important part of our investigation.”
House Democrats, in the letters, requested that the investigators “preserve all relevant materials” in their possession, including hard drives, storage devices, backup archived data, cloud-based storage accounts, financial records, videos, photos, audio recording and all communications.
The committee also requested any records “reflecting the transfer, custody, or handling of the above materials; and any physical items that were taken from Jeffrey Epstein’s home.”
While Garcia’s invitation is for voluntary testimony, if the men do not cooperate, the committee could vote to subpoena them, or the Republican chairman of the Committee, Rep. James Comer of Kentucky, could also unilaterally compel them to testify.
“We are bringing in anyone that has any information that would be helpful to our investigation and hopefully we’ll be able to get the truth to the American people and provide some type of justice for the victims,” Comer said after a recent deposition with Epstein’s accountant Richard Kahn.
Marie Villafaña, the former assistant U.S. attorney who pushed to indict Epstein during the investigation in Florida, previously said if the evidence on the missing computers “had been what we suspected it was … [i]t would have put this case completely to bed,” according to the OPR report.
Acosta said he had “no recollection” of the efforts to obtain the computers, and objected to the report’s conclusion that he should have given greater consideration to pursuing the evidence before entering the deal with Epstein, the report said.
In an aerial view, Nancy Guthrie’s residence is seen on February 17, 2026 in Tucson, Arizona. (Brandon Bell/Getty Images)
(NEW YORK) — Authorities said they’re looking into using genetic genealogy in the investigation into Nancy Guthrie’s mysterious abduction, and an expert says the cutting-edge technique could be the key.
While authorities may find Guthrie’s kidnapper through other avenues of investigation, “if they don’t, investigative genetic genealogy definitely will,” genetic genealogist CeCe Moore told ABC News.
Nancy Guthrie, the 84-year-old mother of “Today” show host Savannah Guthrie, was kidnapped from her Tucson, Arizona, home in the early hours of Feb. 1 by an unknown suspect.
The FBI ran DNA from a glove found during a roadside search through the national criminal database known as CODIS, but did not get a match to any of the roughly 22 million samples in the database, the Pima County Sheriff’s Department said.
That glove — which was found about 2 miles from Nancy Guthrie’s house — also did not match DNA found at her property, law enforcement sources told ABC News.
Moore, a former ABC News contributor, said, “I think we have to exercise a lot of caution in putting too much emphasis on” the glove.
“If it had had Nancy’s DNA, or had matched the DNA at the crime scene, obviously that would be different. But with it being found at such a distance, I always was a little hesitant to get too hopeful about that,” she said. “I think the DNA found at the home is far more compelling.”
While the DNA found at Nancy Guthrie’s property is still being analyzed, the sheriff’s department said on Tuesday that investigators are “looking into additional investigative genetic genealogy options for DNA evidence to check for matches.”
Genetic genealogy takes the DNA of an unknown suspect left behind and identifies the suspect by tracing the family tree through his or her family members, who voluntarily submit their DNA to a genealogy database. Genetic genealogy has been used to solve hundreds of cases since it was first implemented in the 2018 arrest of the “Golden State Killer,” a cold case that had stumped California law enforcement for decades.
“Just like in the hundreds of cases where we’ve been able to identify a violent criminal that couldn’t be found any other way, genetic genealogy has the power to do so through reverse engineering this individual’s family tree based on his DNA alone,” Moore said. “When you have this person’s DNA, you have so much information about their family tree at your fingertips. And so you can piece that tree back together … you just have to spend the time to look at all that information and sort through it.”
“So genetic genealogy often steps in and is successful when all the other leads have been exhausted,” she said.
In the Guthrie case, investigators “were very smart to start [pursuing genetic genealogy] early, and not wait for all those other leads to be exhausted,” Moore said. “Because if he’s not identified any other way, investigative genetic genealogy will definitely be the key — it’s really just a matter of time.”
And when it comes to that timeframe, Moore said, there are two factors: “the population group from which the person of interest descends — and luck.”
“Sometimes you just get lucky and somebody has a close relative in these very small databases,” Moore said.
“If the population group is one that’s not well represented, then that can make it extremely difficult. If the person has deep roots in the United States and primarily Northwest European ancestry, they may be identified in a matter of minutes or hours, because that’s the population group that’s best represented, and it’s also the one that we have the most information about being here in the United States,” she said. “If someone’s born in another country, or even as far back as their great-grandparents were immigrants, there’s far less representation in the databases that we’re able to use, and it’s also more difficult to work with records outside of the U.S.”
In the Guthrie case, law enforcement sources told ABC News on Wednesday that the FBI has reached out to Mexican authorities. There’s no evidence Nancy Guthrie was taken to Mexico, but it’s an avenue investigators are exploring given Tucson’s proximity to the border, the sources said.
If the Guthrie suspect’s parents, grandparents or even great-grandparents were born in Mexico, Moore said, “it will likely take longer.”
Moore said she predicts the genetic genealogy process in the Guthrie case “won’t take more than weeks, maybe months.”
“I have worked on cases for years. However, I don’t think this case will take that long because of the large amount of resources being dedicated to it. I would suspect the FBI genetic genealogy team would be brought in if it takes too long, and they have 200 agents,” she said.
Moore also noted that investigative genetic genealogy can be slowed due to law enforcement’s limited access to DNA profiles.
“There are over 50 million people who have taken direct-to-consumer DNA tests, but most of them are in the three largest databases, and those companies have barred law enforcement from using their databases for these purposes,” Moore said. Currently, law enforcement is limited to accessing three smaller databases, which combined have about 2 million DNA profiles, she said.
“I do expect that if [the Guthrie suspect] is not identified soon, then law enforcement very likely will serve a warrant on those bigger databases” to try to request access, she said.
