Fox News has a long article today claiming — albeit with wildly conflicting evidence — that Kash Patel’s job is in jeopardy. One of Kash’s crimes, according to the article, is firing Brian Driscoll and others in such a way that exposes Trump to have to sit for a deposition.

On the same day Kirk was shot, three former high-ranking FBI officials filed a lawsuit accusing Patel, Bondi, and their agencies of unlawfully firing them as part of a political purge directed by the DOJ and the White House – something Patel promised against in Senate confirmation hearings.

The larger concern, according to those familiar with the litigation, is Patel allegedly wielded authority belonging solely to the president, citing Article II of the Constitution in dismissal letters he signed. The misstep, they say, creates a legal minefield for the FBI, DOJ, and Executive Office of the President.

“Either way, it’s bad: Kash cannot exercise the powers of the president, and the president can’t fire these officials,” a source with direct knowledge of the lawsuit said.

The filing reads, “Article II of the Constitution and the laws of the United States do not vest any such authority with the Director of the FBI. Article II provides authority for the President, and the President alone, to appoint principal officers, concomitant with the power to remove them “at will.” None of Plaintiffs are principal officers and, more importantly, the FBI Director is not the President.”

A senior law enforcement official said, “The admin could very well lose in court, and it will be because of Kash’s big mouth, making the president look like an ass.”

I made a similar point about Kash stupidly yapping his mouth, but not about the Article II invocation. If the Article II thing were a problem, I noted, it would mean Pam Bondi would be badly exposed for firing Maurene Comey, among others, on the same basis.

Well, ask and you shall receive Maurene Comey just sued Bondi and DOJ for her firing. And indeed, Ms. Comey does cite that Article II firing in the lawsuit.

52. OPM issued a Standard Form (“SF”) 50, “Notification of Personnel Action,” to Ms. Comey shortly after her receipt of the July 16, 2025 memorandum. (Attached hereto as Exhibit B, the “SF-50,” redacted.) Section 5-D of Ms. Comey’s SF-50 is titled “Legal Authority.” This section states: ART II CONSTITUTION.

53. Section 45 of Ms. Comey’s SF-50 is titled “Remarks.” This section states: REASON(S) FOR REMOVAL: ARTICLE II OF THE CONSTITUTION.

54. The July 16 memorandum terminating Ms. Comey indicated twice that she was being “removed from federal service.” This term was not defined in the letter. However, 5 U.S.C. § 2101 defines the “civil service” as “consist[ing] of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services.”

One of Ms. Comey’s attorneys, Margaret Donovan, is also among the attorneys representing Driscoll et al. And the lawsuit bears similarities to the FBI lawsuit. Whereas the Driscoll lawsuit focuses on former FBI agent Kyle Seraphin’s role in getting FBI agents, especially Spencer Evans, fired, this lawsuit blames Laura Loomer, dedicating at least eight paragraphs and several pages to Loomer’s interminable rants.

8. On May 18, 2025, Ms. Loomer called for Mr. Comey’s “liberal daughter” and her “Democrat husband” to be “FIRED from the DOJ immediately” “for being a national security risk via their proximity to a criminal [i.e., Mr. Comey] who just committed a felony by threatening to assassinate the President.”5 Ms. Loomer also declared that, “under [Attorney General Pamela] Blondi [sic], every Deep State Operator is being emboldened,” and she “question[ed] the impartiality of Maurene and Lucas [Maurene’s husband] in their prosecutorial roles, especially in high-profile cases, due to the undeniable bias and influence stemming from James Comey’s public criticism of Trump and the ongoing investigation into his Instagram post.”6 After Ms. Comey’s termination, Ms. Loomer boasted that the decision “c[a]me[] 2 months after my pressure campaign on Pam Blondi [sic] to fire Comey’s daughter and Comey’s son-in-law from the DOJ.”7

Ms. Comey alleges that she was fired solely for her association with her father. If this lawsuit were to survive, Ms. Comey might be able to access details of Trump’s witch hunt targeting the former FBI Director.

Of course, that allegation doesn’t match the timeline. As Loomer herself noted (even while claiming credit in a way that is very helpful to this lawsuit), Loomer’s rants were in May, two months before Ms. Comey was fired on July 16, right in the middle of Todd Blanche’s efforts to engage in a sex trafficking coverup. Ms. Comey’s firing was crucial to Blanche’s efforts to be as ignorant as possible when he conducted his so-called proffer with the convicted sexual predator. And sure enough, Ghislaine Maxwell made all sorts of statements in the proffer that obviously conflicted with the known public record.

Which is why I’m actually more interested in the references to Ms. Comey’s role on the Epstein and Maxwell prosecution teams than Loomer’s rants. Her role in the Maxwell prosecution appears throughout the complaint, most notably where she describes receiving the Director’s Award for her work on the trial (an important detail in case Todd Blanche tries to claim that poor Ghislaine Maxwell was treated poorly by Jim Comey’s daughter).

38. In addition, in May 2023, the Director of the Executive Office for United States Attorneys awarded Ms. Comey and her team the prestigious Director’s Award for “Superior Performance by a Litigative Team” with respect to the Maxwell trial.

Descriptions of the Epstein and Maxwell cases appear among a long line of other cases she worked (including supervising the Robert Menendez prosecution). In these sections (and elsewhere in the complaint), Ms. Comey notes that she was closely supervised on the cases, including by Trump US Attorney Geoffrey Berman and his successor, Audrey Strauss.

32. With her significant experience prosecuting matters involving violence and sexual exploitation, her SDNY supervisors assigned Ms. Comey to work on the investigation of Jeffrey Epstein in the spring of 2019. She was part of the team that conducted grand jury proceedings and secured an indictment against Mr. Epstein for sex trafficking and conspiracy; Mr. Epstein was arrested on July 6, 2019.10 Ms. Comey was one of three prosecutors who then represented the United States in Mr. Epstein’s criminal case, successfully defeating his request for bail pending trial. Mr. Epstein died in federal jail on August 10, 2019, while awaiting trial; as a result, the charges against him were ultimately dismissed. Geoffrey Berman—then-U.S. Attorney for the Southern District of New York, serving in the first Trump Administration— supervised Ms. Comey’s work on the investigation and prosecution of Mr. Epstein at all times.

33. At the direction and under the supervision of SDNY leadership, Ms. Comey and her team continued to investigate Mr. Epstein’s criminal operation after Mr. Epstein died. They uncovered details that implicated Mr. Epstein’s former girlfriend and collaborator, Ghislaine Maxwell. On or about July 2, 2020, the SDNY, through Ms. Comey and her team, obtained an indictment charging Ms. Maxwell with enticing a minor to travel to engage in criminal sexual activity, transporting a minor with the intent to engage in criminal sexual activity, conspiracy to commit both of those offenses, and perjury in connection with two sworn depositions.11 Ms. Comey and her team subsequently obtained a superseding indictment additionally charging Ms. Maxwell with conspiracy to commit sex trafficking of a minor and sex trafficking of a minor.

34. At the direction and under the supervision of SDNY leadership, Ms. Comey successfully led the investigation and prosecution of Ms. Maxwell, including serving as one of the lead trial lawyers in a month-long trial, and secured justice for many victims of Mr. Epstein and Ms. Maxwell. On December 29, 2021, a jury convicted Ms. Maxwell on five counts, including sex trafficking of a minor, conspiracy, and transportation of a minor for illegal sexual activity. Ms. Maxwell was sentenced in June 2022 to 20 years in prison for her role in the sex trafficking scheme.12 U.S Attorney Berman and later Acting U.S. Attorney Audrey Strauss— both serving in the first Trump Administration—were deeply involved in supervising the investigation and prosecution of Ms. Maxwell during their tenures.

10 See https://www.justice.gov/usao-sdny/press-release/file/1180481/dl

11 See https://www.justice.gov/usao-sdny/press-release/file/1291491/dl?inline

12 See https://www.justice.gov/usao-sdny/pr/ghislaine-maxwell-sentenced-20-years-prisonconspiring-jeffrey-epstein-sexually-abuse

Note that Ms. Comey doesn’t describe that Epstein killed himself; she describes that he died in custody.

The complaint disclaims the import of her role in the Maxwell prosecution to explain her firing by noting that none of the other AUSAs on the prosecution team have been fired.

Nor could the explanation plausibly be that she mishandled her high-profile cases; she received accolades related to her work on some of those high-profile cases, and, on information and belief, among the at least fourteen AUSAs who participated in the prosecutions of Epstein, Maxwell, Hadden, and Combs, Ms. Comey was the only one who was terminated.

Except some of the Epstein and Maxwell prosecutors were already gone. One left at the end of the Biden Administration, at least one more was part of the Eric Adams purge.

All that said, the hypothesis that Loomer got Maurene fired because of who her father is, which has a better chance of surviving a motion to dismiss, might give DOJ a choice: explain, instead, that Todd Blanche had a sex trafficking cover-up to carry out, a cover-up which Ms. Comey’s continued presence at SDNY might threaten.

Or give Ms. Comey a whole bunch of discovery on Trump’s longtime targeting of Maurene’s father.