AI-written summary of reporting by The Hill. No human editor reviewed this. AI can misread or omit facts — read the original, linked below.
ABSTRACT

A Virginia-based federal magistrate judge granted Mary Comans, the former chief financial officer of FEMA, a rare "name-clearing" hearing, saying the Department of Homeland Security's accusations against her over an $80 million migrant-shelter grant were based entirely on false information. Judge William Fitzpatrick said the government's conduct was "outrageous" and included officials "at the highest levels of DHS."

Judge Fitzpatrick rebukes DHS over false claims against FEMA's former CFO Mary Comans

Judge Fitzpatrick rebukes DHS over false claims against FEMA's former CFO Mary Comans

A Virginia-based federal magistrate judge granted Mary Comans, the former chief financial officer of FEMA, a rare "name-clearing" hearing, saying the Department of Homeland Security's accusations against her over an $80 million migrant-shelter grant were based entirely on false information. Judge William Fitzpatrick said the government's conduct was "outrageous" and included officials "at the highest levels of DHS."

Context

DHS fired Comans over an $80 million grant to New York City that allowed for emergency sheltering of migrants, one of many awarded to cities under the Shelter and Services Program created by Congress to help pay for housing migrants. Shortly after awarding the grant, DHS clawed the money back and accused Comans and others of "unilaterally mak[ing] egregious payments for luxury NYC hotels for migrants," arguing the move ran afoul of an executive order from President Trump pausing funding to non-profits aiding migrants.

Fitzpatrick wrote that such "name-clearing" hearings are rare, but said the move was essential "given the outrageous government conduct, including by those at the highest levels of DHS." In his decision he wrote: "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. In short, Ms. Comans was professionally targeted and personally attacked by government officials for no legitimate reason."

The judge listed accusations he said were untrue: "To be clear, it was the stated position of the United States Government that Ms. Comans acted in a criminal manner with a criminal intent. That is untrue. Ms. Comans was publicly accused of knowingly and 'egregiously' misspending federal funds. That is untrue." He also wrote that she was accused of laundering "forbidden funding," of willfully violating a presidential executive order and the orders of the DHS secretary, of circumventing leadership, of frustrating the will of the American people and of undermining public safety, and said each of those accusations was untrue.

Comans and the awarding of the grant were discussed in public statements from then Homeland Security Secretary Kristi Noem and Elon Musk, with Fitzpatrick concluding each "engaged in a coordinated public relations campaign to impugn the personal and professional integrity of Ms. Comans." The judge wrote: "Armed only with false statements, high-ranking government officials undertook a premeditated campaign to impugn the personal and professional integrity of Ms. Comans, a nonpartisan, career public servant. Their intent was to disseminate false and derogatory information about Ms. Comans as widely as possible."

New York City sued over the rescission of the grant funding in February of last year, and Comans sued over her termination the next month. New York ultimately regained the funding from the disrupted grant after litigation brought by other cities.

All Perspectives
Judge William Fitzpatrick: Fitzpatrick wrote that the attacks on Comans "were based entirely on false information, and many government officials knew the accusations were untrue at the time they were made." He wrote that officials, "with no regard for the truth and with no consideration for the personal and professional effect on Ms. Comans," exploited their access to mass media outlets to broadcast false information, and that Noem and Musk each "engaged in a coordinated public relations campaign to impugn the personal and professional integrity of Ms. Comans."
Department of Homeland Security: DHS fired Comans over the $80 million grant to New York City and, after clawing the money back, accused her and others of "unilaterally mak[ing] egregious payments for luxury NYC hotels for migrants," arguing the move ran afoul of an executive order from President Trump pausing funding to non-profits aiding migrants. The source states that DHS did not immediately respond to a request for comment on the ruling.
Craig Becker, Democracy Defenders Fund, attorney for Comans: "Mary Comans served in the federal government for 21 years. Career public servants are people, not pawns, and no one who has devoted their life to serving the American public should have their good name destroyed for partisan, political gain. We are grateful that the court issued this detailed and unprecedented decision to formally correct the record and vindicate Ms. Comans," Becker said in a statement.
Michael Coen, former FEMA chief of staff under the Obama and Biden administrations: "This is a victory for all federal employees. No federal employee should be defamed to advance false conspiracies of the Trump administration," Coen said.
Position not represented in the source reporting: Kristi Noem; Elon Musk.
Gaps & Unknowns
  • The source does not state the date of the judge's decision.
  • The source does not give calendar years for the grant rescission or for the lawsuits filed by New York City and by Comans, referring only to "February of last year" and "the next month."
  • The source does not state what legal effect the decision has beyond the name-clearing hearing, or whether it orders any action by DHS.
  • The source does not quote or describe what Kristi Noem or Elon Musk said in their public statements about Comans and the grant.
  • The source does not state the status of Comans's lawsuit over her termination or of New York City's lawsuit over the grant rescission.
  • The source does not name the other cities whose litigation led to New York regaining the funding, or state how much of the $80 million was restored.
Sources & Further Reading
  1. The Hill — original

Read the original at The Hill

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