Judge says Elon Musk engaged in 'little more than state sanctioned intimidation' when he accused a DHS official of a crime

A federal judge tore into Elon Musk for reposting a photo of a former Federal Emergency Management Agency official and accusing her of “criminal” conduct. “The fact that Mr.

Comans to his millions of followers while falsely characterizing her government service as a ‘criminal action’ was clearly intended to make her afraid,” Federal Magistrate Judge William Fitzpatrick wrote in a ruling published on Tuesday.

In a blistering eight-page ruling, Fitzpatrick addressed what he described as the reputational damage to Mary Comans, a longtime federal government employee who was fired from her post as chief financial officer of the Federal Emergency Management Agency in February 2025.

Musk’s February 11, 2025, post, which was made when he was de facto leader of the White House DOGE Office, “served no legitimate governmental interest and was little more than state sanctioned intimidation,” Fitzpatrick wrote.

Fitzpatrick wrote that federal officials knew at the time that it was false to accuse Comans of trying to circumvent President Donald Trump’s executive order that paused federal funding to non-governmental organizations assisting migrants.

Nonetheless, Musk and then-DHS Secretary Kristi Noem, among others, made statements that Fitzpatrick wrote impugned “the personal and professional integrity of Ms.

Comans,” Fitzpatrick 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,” Fitzpatrick wrote. “In short, Ms.

Comans was professionally targeted and personally attacked by government officials for no legitimate reason.” Musk’s post on X was one of seven statements Fitzpatrick addressed in the ruling.

Musk quote-tweeted a post that posted a picture of Comans and Trump with the text, “FEMA CFO Mary Comans was just fired for funneling $58M to illegal migrant hotels in Manhattan.

FA, FO.” In his post, Musk added, “A criminal action.” Fitzpatrick wrote that it was clear to other federal officials that Comans had no authority to stop specific grants, and that others had decided to continue funding state and local programs like the ones Musk took issue with.

Musk and Noem have since left the Trump administration.

The White House did not immediately respond to a request for comment from Business Insider.

Fitzpatrick wrote that the federal government did not dispute a list of facts about the case, including that federal officials at DHS and FEMA knew that statements about Comans’ firing were false when they were made.

Tuesday’s ruling is just one part of the broader legal fight over Comans’ firing.

In July, US District Judge Michael Nachmanoff ruled that Comans was unlawfully fired.

The Trump administration is appealing that ruling.