(NEW YORK) -- Former federal prosecutor Maurene Comey and the Trump administration have not talked about settling her civil lawsuit and do not believe alternatives to a trial “would be useful at this time,” the parties told the judge in a letter on Monday.
Comey is suing over her firing, arguing she was “abruptly and wrongfully terminated” because her father is former FBI director James Comey, or because of her perceived political affiliation and beliefs.
In the letter, her lawyers and the U.S. Attorney’s office for the Northern District of New York, which is handling the case for the Justice Department, affirmed the need for a conference with the judge, which is currently scheduled for Thursday.
Comey wants the judge to order the government to begin producing evidence. Government lawyers are expected to ask the judge for time to file a motion to dismiss the case.
The defense said the proper place for Comey to argue is not in court, but before the Merit Systems Protection Board. Comey’s attorneys said her case presents “novel” issues about executive power that a judge must resolve.
“While there are cases that discuss a President’s authority under Article II to remove Principal Officers and Inferior Officers, we are unaware of any decision that discusses (let alone approves of) a President’s use of Article II authority to remove without cause a non-officer civil service employee such as a line-level Assistant United States Attorney, in direct violation of the CSRA and the Bill of Rights,” Comey’s attorneys, Nicole Gueron, Ellen Blain, Deepa Vanamali and Margaret Donovan wrote.
The defense 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.
The letter said there are no meaningful settlement talks, and alternative dispute resolution mechanisms would be unhelpful at the moment.