Former federal prosecutor Maurene Comey and the Trump administration have not engaged in settlement discussions for her civil lawsuit, with both sides stating in a Monday letter to the judge that alternatives to a trial “would be useful at this time.”
Comey is suing over her termination, claiming she was “abruptly and wrongfully terminated” either because of her father, former FBI director James Comey, or due to her perceived political affiliation and beliefs. The letter confirmed that a conference with the judge is scheduled for Thursday. Comey is seeking a court order for the government to begin producing evidence, while the administration is expected to request additional time to file a motion to dismiss the case.
Government lawyers argued that Comey’s proper avenue for contesting her removal is before the Merit Systems Protection Board. Her attorneys countered that the case raises “novel” questions about executive authority that require judicial review. They highlighted the lack of precedent for a president using Article II powers to remove a non-officer civil service employee, such as an Assistant United States Attorney, without cause, potentially violating the Civil Service Reform Act and constitutional protections.
The administration characterized the lawsuit as routine, noting that claims of arbitrary removal or procedural deficiencies are not uncommon. Both parties indicated that no meaningful settlement discussions are underway and that alternative dispute resolution would not be helpful at this stage.