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Judge Rules Musk and Noem Ran 'State-Sanctioned Intimidation' Campaign Against Fired FEMA Official

A federal magistrate judge found that Elon Musk and former DHS Secretary Kristi Noem spread false criminal accusations against ousted FEMA finance chief Mary Comans, calling the episode a 'premeditated campaign' with no legitimate purpose.

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BY OBSERVER STAFF

The Weekly Observer

OCT 16, 2026 · 3 MIN READ
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Judge Rules Musk and Noem Ran 'State-Sanctioned Intimidation' Campaign Against Fired FEMA Official
Former DHS Secretary Kristi Noem, whom a federal judge found gave false information about a fired FEMA official to a right-wing commentator. Official DHS portrait (photo by Tia Dufour), via Wikimedia Commons, public domain U.S. government work.

A federal magistrate judge has ruled that Elon Musk, former Homeland Security Secretary Kristi Noem and other senior Trump administration officials ran a coordinated campaign of false accusations against a fired FEMA finance official, branding the conduct "outrageous" and "little more than state-sanctioned intimidation."

U.S. Magistrate Judge William Fitzpatrick issued the ruling Tuesday in a name-clearing proceeding sought by Mary Comans, who served more than 21 years in federal government before being removed as FEMA's chief financial officer in February 2025. According to CBS News, the judge found Comans was "professionally targeted and personally attacked by government officials for no legitimate reason."

The dispute traces back to a Trump executive order pausing certain funding for nonprofits assisting migrants. DHS publicly claimed Comans had bypassed agency leadership to authorize payments for New York City hotels housing undocumented migrants, work her removal notice never actually cited as misconduct. Court records show senior DHS and FEMA leadership, along with staff from Musk's Department of Government Efficiency, had approved continuing those payments — and that Comans had been directed to keep making them.

Musk's post 'intended to make her afraid'

On the day of her firing, Musk reposted a claim on X that Comans had funneled roughly $58 million to migrant hotels, adding that it amounted to "a criminal action," and included her photo in the post to his massive following. Fitzpatrick found the accusation false and ruled that Musk, as DOGE's head, "knew or should have known" his own subordinates had signed off on the payments.

"Posting Ms. Comans' picture served no legitimate governmental interest ... [and] was clearly intended to make her afraid."

The judge's order, reported by IBTimes UK, also found that Noem and her former top aide, Corey Lewandowski, gave false information about Comans to far-right commentator Laura Loomer, expecting her to amplify it to her followers — which she did. Fitzpatrick described the overall effort as a "premeditated campaign" and said the accusations of criminal conduct and misused funds were "objectively and demonstrably false."

Because the government did not contest Comans' account of events, the court treated her version of the facts as admitted. DHS and attorneys for Musk and Noem did not respond to requests for comment cited in press coverage of the ruling.

The case began after Comans sued in mid-2025, arguing her firing and the ensuing public attacks had destroyed her professional reputation. A separate July 2026 ruling from a different federal judge had already found she was removed from her post without due process; the government has appealed that earlier decision. Tuesday's order formally cleared her name but did not award monetary damages or resolve the underlying employment dispute, which remains in litigation.

Musk left his formal government role at DOGE in mid-2025, while Noem departed as DHS secretary earlier this year before taking a separate administration post. Neither the scope of any further legal exposure for Musk and Noem nor Comans' broader wrongful-termination claims have been resolved, and both the appeal and the underlying case are expected to continue in federal court.

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