Mary Comans Wins Landmark Verdict Against Trump Administration for Unlawful Firing
July 17, 2026
Federal court orders name-clearing hearing for former FEMA CFO after finding she is entitled to challenge politically motivated termination
WASHINGTON, D.C. — Former FEMA Chief Financial Officer Mary Comans secured a significant victory in her lawsuit challenging her unlawful termination by the Trump administration. This morning, Judge Michael Nachmanoff of the Eastern District of Virginia issued a ruling from the bench in favor of Comans, holding that her summary termination at the express direction of President Trump deprived her of both property and liberty without due process in violation of the Constitution. Judge Nachmanoff ordered that Comans receive a name-clearing hearing. The court directed the parties to confer and, within 14 days, submit a joint proposal outlining the process for that hearing indicating that discovery, and a full evidentiary hearing before a federal magistrate judge would be appropriate to address the statements Elon Musk and the Department of Homeland Security made about Comans.
Comans, a career public servant who has served under both Republican and Democratic administrations, was terminated in February 2025. Her notice of termination stated no cause, asserting that her firing was allowed under Article II of the U.S. Constitution. At the time of her dismissal, the Department of Homeland Security publicly accused her of misusing funds, claims that were never formally presented as a basis for her removal and were widely amplified by the former head of Department of Government Efficiency, Elon Musk, via social media.
Comans is represented by Democracy Defenders Fund along with Mark S. Zaid, P.C.; Burakiewicz & DePriest, PLLC; Lowell & Associates, PLLC; Koskoff, Koskoff & Bieder PC; and Patriots Law Group.
“Mary Comans is a career public servant who had the courage to challenge the Trump regime’s unlawful termination,” said Craig Becker, managing counsel at Democracy Defenders Fund. “Today’s decision is a resounding victory for the rule of law and our vital civil service. It sends a clear message that no administration is above the law, no public servant should be punished for doing their job with integrity, and no president can erase decades of civil service protections repeatedly upheld by the Supreme Court by fiat. This is a reminder that our federal courts remain an essential check on executive abuse of power, and we will continue our fight to remedy the full scope of the harm that the President has done to our civil service.”
Today’s decision by the federal court marks a significant milestone affirming federal civil service protections after the Trump administration attempted to dismantle key safeguards for career federal employees. The administration has fired numerous employees in disregard of the protections Congress provided in the Civil Service Reform Act, claiming that the Act cannot constitutionally constrain the President’s ability to fire employees. They include January 6 prosecutors, members of Special Prosecutor Jack Smith’s team, the head ethics official at the DOJ, and Maureen Comey, daughter of former FBI Director James Comey. This is the first federal court decision rejecting the administration’s position.
Background
Mary Comans joined the Department of Homeland Security in 2004, inspired to serve after the September 11 attacks, and rose to become FEMA’s chief financial officer in 2017, compiling more than 20 years of federal service, a spotless disciplinary record, and “Achieved Excellence” ratings in every year she served in the Senior Executive Service.
On Feb. 11, 2025, she was abruptly fired without cause. The termination came one day after Elon Musk made slanderous, false claims that FEMA was responsible for unlawfully distributing millions in FEMA disaster funds that had paid for “luxury hotels” for migrants. DHS announced it was firing Comans and three colleagues for “circumventing leadership to unilaterally make egregious payments for luxury NYC hotels for migrants,” branding them “deep state activists.” Comans states that her office did exactly what Trump appointees at DHS and DOGE directed her to do.
Her termination memo cited only “Article II of the United States Constitution, at the direction of the President,” with no claim of cause and she was accorded no opportunity to refute the changes against her.
Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.
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