A federal magistrate judge in Virginia ruled that Elon Musk, then head of the Department of Government Efficiency (DOGE), engaged in 'state sanctioned intimidation' of former FEMA chief financial officer Mary Comans, clearing her of wrongdoing.
In an order issued Tuesday, U.S. Magistrate Judge William Fitzpatrick said the facts established that high-ranking government officials, including Musk, who was a special government employee, 'engaged in a coordinated public relations campaign to impugn the personal and professional integrity of Ms. Comans.'
The case stems from Feb. 11, 2025, when Musk shared posts on X accusing Comans of 'criminal action' and of 'funneling $58 million to illegal migrant hotels in Manhattan.' The next day, the Department of Homeland Security said it was firing Comans and three colleagues, labelling them 'deep state activists.'
Fitzpatrick wrote that Musk 'knew or should have known that any payments made to state or local governments through a FEMA grant in February 2025 were approved by his subordinates.' He added that Musk posted a picture of Comans 'to his millions of followers while falsely characterizing her government service as a criminal action,' an act the judge described as 'little more than state sanctioned intimidation.'
Comans served as FEMA CFO from around January 2018 until February 2025, and also as the agency's operating chief from 2020 to 2021.
Democracy Defenders Fund, which was involved in Comans' case, welcomed the decision. 'Mary Comans served in the federal government for 21 years,' said Craig Becker, the group's head of affirmative litigation. '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.'
CNBC reached out to Musk and White House attorneys involved in the case for comment.