
纽约联邦法官周一裁定,特朗普总统和司法部解雇前联邦调查局局长詹姆斯·科米之女莫琳·科米(Maurene Comey)的做法违法。莫琳·科米此前任职于曼哈顿联邦检察官办公室。杰西·弗尔曼法官表示,莫琳·科米的解雇违反了文官制度规定。
A federal judge in New York on Monday ruled against President Donald Trump and the Justice Department over the firing of Maurene Comey, daughter of former FBI Director James Comey, from the Manhattan U.S. attorney's office. Judge Jesse Furman said Comey's termination violated civil service rules. "Yes, the Attorney General is authorized by law to remove an AUSA.
他写道:“是的,法律授权司法部长撤换助理联邦检察官。但司法部长(以及司法部长授权行使该权力的任何人)也受法律限制,即《文官制度改革法》(CSRA),只能以特定方式、基于特定理由这样做。”
But the Attorney General (and anyone to whom the Attorney General delegates that authority) is also limited by law, namely the CSRA, to do so only in a particular manner and only for certain reasons," the judge wrote.
弗尔曼下令恢复莫琳·科米的职务,并补发工资。她最近主导了对肖恩·“迪迪”·库姆斯的起诉。
Furman ordered Maurene Comey, who most recently led the prosecution of Sean "Diddy" Combs, reinstated with back pay.
除了认定解雇非法外,弗尔曼还裁定特朗普和司法部违反了三权分立、《行政程序法》以及莫琳·科米的正当程序权利。
In addition to calling her termination unlawful, Furman decided Trump and the DOJ violated the separation of powers, the Administrative Procedure Act and Maurene Comey's due process rights.
司法部发言人告诉美国广播公司新闻部:“司法部不同意这一决定,将在适当时候提起上诉。”纽约南区联邦检察官办公室发言人拒绝置评。美国广播公司新闻部已联系莫琳·科米请其置评。
"The Department disagrees with this decision and will appeal in due course," a DOJ spokesperson told ABC News. A spokesperson for the U.S. Attorney's Office for the Southern District of New York declined to comment. ABC News has reached out to Maurene Comey for comment.
弗尔曼的裁决指出,莫琳·科米的复职自2025年7月被解雇之日起生效,直至12月她因接受私营部门新工作而实际上辞职为止。
Furman's ruling outlines that Maurene Comey's reinstatement applies from the date of her termination in July of 2025 until December, when she effectively resigned from her role by accepting a new job in the private sector.
在下令恢复莫琳·科米职务时,弗尔曼驳回了他所称的特朗普政府“宏大且前所未有的行政权力理论”。特朗普政府辩称,莫琳·科米的解雇符合联邦法规,且保护文官的法律本身即是对特朗普权力的违宪侵犯。
In ordering Maurene Comey's reinstatement, Furman rejected what he described as the Trump administration's "sweeping and unprecedented theory of executive authority." The Trump administration had argued that not only was Maurene Comey's firing lawful under federal statute, but that the laws protecting civil servants were also an unconstitutional intrusion into Trump's authority.
弗尔曼法官写道:“本案的核心问题是,对助理联邦检察官撤换的这些限制,是否符合第二条及宪法规定的三权分立。”
"The question at the heart of this case is whether these limitations on the removal of Assistant United States Attorneys are consistent with Article II and the constitutional separation of powers," Judge Furman wrote.
司法部在论证时援引了最高法院在“特朗普诉斯劳特案”中的裁决——在该案中,大法官们实际上通过为解雇独立联邦机构负责人开绿灯而大幅强化了总统权力——以及“特朗普诉美国案”的豁免裁决。弗曼写道:“按照他们的观点,在法庭上代表美国处理刑事案件的联邦助理检察官行使的检察和调查职能,完全属于总统‘决定性且排他性’的权力范围。”“因此,他们主张,总统——以及由此延伸,由总统任命的各部门负责人——必须有权以任何理由或完全无需理由解雇此类联邦助理检察官。”
To make its argument, the DOJ pointed to the Supreme Court's decision in Trump v. Slaughter -- where the justices effectively supercharged presidential power by greenlighting the firing of the leaders of independent federal agencies -- and the Trump v. United States immunity case "On their view, AUSAs who represent the United States in criminal cases in court exercise prosecutorial and investigatory functions that fall squarely within the President's 'conclusive and preclusive' powers," Furman wrote. "Accordingly, they argue, the President -- and, by extension, the heads of departments appointed by the President -- must have the power to remove such AUSAs for any reason or no reason at all."
但弗曼驳回了司法部对相关法律先例的解释,并指出数十年来另有其他判例确认了对一线检察官的法律保护。他还指出,司法部援引的两个案件均不适用于下级官员,也“不支持他们那套宽泛且前所未有的行政权力理论”。弗曼法官写道:“被告的论点与最高法院近两个世纪以来一脉相承的判决相悖,而最高法院本身从未正式推翻其中任何一项判决。仅此一点就足以驳回该论点。”
But Furman rejected the DOJ's interpretation of the legal precedent, pointing to decades of other cases which affirm the legal protections for line prosecutors. He also noted that neither case cited by the DOJ applies to inferior officers or "supports their sweeping and unprecedented theory of executive authority." "Defendants' argument is contrary to an unbroken line of Supreme Court decisions dating back almost two centuries, and the Supreme Court itself has not formally overruled any of those decisions. That is sufficient, in itself, to reject the argument," wrote Judge Furman.
弗曼写道,若接受司法部的论点,将“动摇这个国家宪政体制所建立的平衡本身”。莫琳·科米曾是一名联邦助理检察官,她成功起诉了性犯罪者杰弗里·爱泼斯坦的前同伙吉斯莱恩·麦克斯韦以及多名帮派成员,此后又在去年科姆斯案审判中经历了部分有罪、部分无罪的裁决——科姆斯被判一项与卖淫相关的罪名成立,但更严重的指控被判无罪。
To accept the DOJ's argument, Furman wrote, would "unsettle the very equilibrium established by this Nation's constitutional system." Maurene Comey was an assistant U.S. attorney who successfully prosecuted Ghislaine Maxwell, the former associate of sex offender Jeffrey Epstein, and multiple gang members before the split verdict last year in the trial of Combs, who was convicted of a prostitution-related charge but acquitted of more serious charges.
她还参与了该办公室对爱泼斯坦的案件。爱泼斯坦于2019年在纽约市大都会惩教中心候审期间自杀身亡,当时他正面临联邦性贩运指控。
She was also involved in the office's case against Epstein, who died by suicide in 2019 at New York City's Metropolitan Correctional Center while he was awaiting trial on federal sex trafficking charges.
特朗普在首个任期内解雇了詹姆斯·科米,此前科米公开宣布,特朗普2016年的竞选活动正因可能与俄罗斯存在关联而受到调查。
Trump fired James Comey during his first term in office after Comey announced publicly that Trump's 2016 campaign was being investigated over potential ties to Russia.
消息人士此前告诉美国广播公司新闻,在莫琳·科米被解职之前,特朗普曾私下抱怨其政府中有一名科米家族的人任职。
Prior to Maurene Comey's firing, Trump privately vented about having a Comey work in his administration, sources previously told ABC News.
今年早些时候,弗曼阻止了司法部试图将莫琳·科米因被解雇而提起的诉讼移出法院的努力。莫琳·科米此前是一名联邦检察官。
Earlier this year, Furman blocked the Justice Department's attempt to move Maurene Comey's lawsuit over her firing as a federal prosecutor out of court.
司法部当时主张,她的案件应提交给功绩制度保护委员会审理,而非联邦地区法院。
The Justice Department argued at the time that her case belongs before the Merit Systems Protection Board and not in federal district court.
弗曼裁定该案应由他审理,因为莫琳·科米是依据总统的行政权力被解雇的,而非按照公务员的常规程序。
Furman decided the case belongs with him because Maurene Comey was fired pursuant to the president's executive authority and not the usual procedures for civil servants.
“无论从哪方面看,莫琳·科米都是一名模范的联邦助理检察官。在纽约南区联邦检察官办公室工作的近十年里,她被分配处理了一些全国最受瞩目的案件,并且一直获得上级和同僚的最高赞誉,”法官在4月的意见书中写道。司法部在法庭文件中将科米的案件描述为常规案件。
"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 in April said. The DOJ, in court filings, has characterized Comey's case as routine.
“联邦雇员声称被免职是任意专断的,或是以未提供其认为自己应得程序的方式进行的,这并非新问题,”政府律师此前表示。
"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 previously said.
在去年被解职后,莫琳·科米在给同事的告别邮件中表示,她作为联邦检察官被解雇,却没有被告知原因,但她敦促同事们不要屈服于她所说的解雇可能引发的“恐惧”。
Following her termination last year, Maurene Comey told colleagues in a farewell email that she was fired as a federal prosecutor without being told a reason but urged them not to succumb to the "fear" she said her firing could cause.
“如果一名职业检察官可以在没有理由的情况下被解雇,恐惧可能会渗入留下来的人们的决策之中,”科米在邮件中说。“不要让这种情况发生。”美国广播公司新闻获得了该邮件的副本。
"If a career prosecutor can be fired without reason, fear may seep into the decision of those who remain," Comey said in her email, a copy of which was obtained by ABC News. "Do not let that happen."