Federal Court Says Elon Musk and Kristi Noem Used 'State-Sanctioned Intimidation' on FEMA Worker

A federal judge in Virginia formally cleared former FEMA finance chief Mary Comans' name on 13 October 2026 and condemned an Elon Musk post accusing her of criminal conduct, as he called the post 'little more than state-sanctioned intimidation.'

US Magistrate Judge William E. Fitzpatrick found that Musk knowingly circulated false claims about Comans following her dismissal in February 2025.

His order also criticised former Homeland Security Secretary Kristi Noem and Corey Lewandowski, then a special government employee at the department.

The decision followed a July ruling that Comans was deprived of due process over her dismissal and the damage to her reputation.

The October proceedings addressed the public accusations. The government did not object to Comans' proposed facts, which the court consequently deemed admitted.

Why FEMA Official Mary Comans Was Fired

Comans was dismissed on 11 February 2025 after more than 21 years in federal service. Her removal notice cited President Donald Trump's authority under Article II of the US Constitution. It offered no allegation of misconduct as grounds for dismissing her.

That day, the Department of Homeland Security claimed FEMA's chief financial officer had bypassed leadership to authorise payments for New York City hotels housing migrants. A department statement also accused 'deep state activists' of undermining the administration.

The dispute arose after Trump's 20 January executive order paused certain federal funding for non-governmental organisations serving migrants. Officials disagreed about whether the restrictions extended to state and local governments.

Under Fitzpatrick's order, FEMA and DHS leadership decided to continue those payments. Employees of the Department of Government Efficiency (DOGE) within DHS approved that approach. DOGE staff at the Treasury Department subsequently challenged the payments, and officials blamed Comans and three colleagues.

The judge said Comans, as FEMA's chief financial officer, advised senior leaders on finances but could not decide which individual grant recipients received funding. The court found the accusations against her false.

Elon Musk's FEMA Post Drew an Intimidation Finding

On 11 February 2025, Musk reposted Comans' photograph on X alongside an allegation that she had funnelled $58 million to Manhattan hotels accommodating migrants. He described the supposed conduct as a 'criminal action.'

Fitzpatrick found that, apart from the fact Comans had been fired, the post was false. He also found that Musk and officials at FEMA and DHS knew the information was untrue when it was published.

As DOGE's head at the time, Musk knew or should have known that his subordinates had approved the disputed payments, the judge wrote. Fitzpatrick said publishing Comans' photograph to millions of followers was 'clearly intended to make her afraid.'

He said the image served no legitimate government interest and described the action as 'little more than state-sanctioned intimidation.' The court made the finding in civil proceedings. It was not a criminal conviction of Musk.

Kristi Noem and Corey Lewandowski Also Criticised

The order examined an allegation shared by commentator Laura Loomer that Comans had illegally directed more than $59 million (€53.1 million and £44.7 million) towards migrant accommodation. Fitzpatrick found that Noem and Lewandowski supplied Loomer with the information, knowing it was false and expecting her to distribute it to her followers.

The court did not make an equivalent finding about what Loomer knew. Fitzpatrick also reviewed false statements circulated through DHS communications and other commentators. He said the accusations reached hundreds of millions of people.

The judge characterised the attacks as a 'premeditated campaign' against Comans' personal and professional integrity. He stressed that the proceedings did not involve resolving competing factual accounts because the government had not challenged the proposed facts.

In July, US District Judge Michael S. Nachmanoff ruled that Comans had been deprived of due process regarding her continued employment and good name. The government appealed that decision, while the October order provided the name-clearing remedy.

Fitzpatrick formally declared Comans' name cleared regarding her conduct as FEMA's chief financial officer. He called the accusations against her 'objectively and demonstrably false.' The order did not award damages or settle every remaining dispute over her employment.