Federal judge rules that Epstein prosecutor's lawsuit against Justice Department can proceed

A lawsuit filed by former Manhattan U.S. attorney Maurene Comey against the Justice Department over her firing last summer can proceed in federal court, a federal judge ruled Tuesday. 

In July, the department fired Comey, who prosecuted disgraced financier Jeffrey Epstein and his associate Ghislaine Maxwell. In court documents, Comey alleges that her termination was "solely or substantially because her father is former FBI Director James B. Comey, or because of her perceived political affiliation and beliefs, or both," Politico reported. 

The department's lawyers argued that Comey's claims should be taken to the Merit Systems Protection Board, which oversees federal workers' complaints involving alleged violations of civil service laws. Comey's lawyers argued that her case would have no chance if she took that route. 

In a 27-page opinion, U.S. District Judge Jesse Furman wrote that since Comey was fired pursuant to Article II of the Constitution, as opposed to the Civil Service Reform Act, her lawsuit belongs in federal court.