Dive Brief:
- A federal judge ruled Tuesday that high-ranking government officials falsely accused the former CFO of the Federal Emergency Management Agency, Mary Comans, of disregarding an executive order early last year to pause funding to non-governmental organizations that serve immigrants in the country illegally.
- In an eight-page order, United States Magistrate Judge William E. Fitzpatrick wrote that Comans was subject to derogatory and untrue statements made by officials, including then-Secretary of Homeland Security Kristi Noem and billionaire Elon Musk around the time she was fired on Feb. 11, 2025 without cause.
- “For reasons unfathomable to this Court, officials chose to turn the power of the federal government against a singular employee with an impeccable record of public service,” Fitzpatrick said. “In short, Ms. Comans was professionally targeted and personally attacked by government officials for no legitimate reason.”
Dive Insight:
The ruling came out of a rare “name-clearing” hearing that was requested by a district judge, according to the order. Such hearings would usually be handled by DHS but due to the “outrageous government conduct” in the case, including at the top of that agency, the judge in the U.S. District Court for the Eastern District of Virginia took it up to ensure it was handled by an “independent judicial officer.”
The ruling comes over a year after President Trump took office for his second term, installing Musk as the head of the Department of Government Efficiency which made sweeping cuts to federal employment.
Comans, a career civil servant with over two decades of federal service and a history of non-partisanship, took the CFO post at FEMA in January 2018.
The judge states that the core of the false accusations against her did not align with her responsibilities. Her role as finance chief did not give her authority to direct where payments went or did not go, the judge stated. That was the remit of senior DHS or FEMA leadership, or FEMA employees with direct control of the grant programs at issue.
The decision to fund the grants was approved by employees of the DOGE group embedded in DHS who then blamed her for the decision, the judge said.
“What followed was a series of finger pointing and backtracking that resulted in the decision to blame Ms. Comans and three other career officials,” Fitzgerald wrote. “On February 11, 2025, Ms. Comans was fired and DHS and DOGE officials began their public campaign to use her as a scapegoat.”
The judge further rebuked former government officials, including Musk, for falsely accusing the CFO of criminal activity and for taking actions meant to intimidate or frighten Comans. For example, Musk posting a picture of Comans on his social media was “clearly intended to make her afraid,” the order said. “Posting Ms. Comans’ picture served no legitimate governmental interest and was little more than state sanctioned intimidation.”
Attorneys from the Department of Justice represented the Executive Office of the President and DHS in the matter. A spokesperson for the attorneys declined to comment.
