NEW YORK — A lawyer for the Justice Department outlined an expansive vision of presidential power under the Constitution during a pretrial conference Thursday in Maurene Comey’s lawsuit against the Trump administration over her termination last summer.
Comey, a longtime federal prosecutor in Manhattan, was abruptly fired without explanation via a letter citing only the Constitution’s Article II, which outlines the powers of the president, as the basis for her firing. She alleged in her lawsuit that she lost her job “solely or substantially because her father is former FBI Director James B. Comey, or because of her perceived political affiliation and beliefs, or both.”
The Justice Department recently brought a second indictment against her father, a longtime foe of President Donald Trump, after a judge tossed an initial set of charges last fall.
DOJ lawyer Karen Lesperance said at the pretrial hearing that Comey’s firing was valid “even if there were political motivations.”
U.S. District Judge Jesse Furman pressed Lesperance on whether there are any limits to the president’s Article II powers. Could the president, for example, decide to fire people in order to achieve an “all-white executive branch? Or all-black?” he asked.
Lesperance stammered in response, finally saying, “I can’t answer on behalf of the government.” Furman replied: “You’re here representing the government.”
Comey’s lawyer, Ellen Blain, described the Justice Department’s position as a “novel and breathtaking theory about the scope of Article II power.”
Blain also acknowledged a thorny road ahead in terms of discovery, saying she expects the government to attempt to withhold many documents based on executive privilege and deliberative-process privilege.
She said Comey expects to seek discovery from former Attorney General Pam Bondi, acting Attorney General Todd Blanche, Manhattan U.S. Attorney Jay Clayton and Deputy U.S. Attorney Sean Buckley.
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