A federal judge ruled Friday that the Trump administration violated the law when it fired former Federal Emergency Management Agency CFO Mary Comans last year without providing the procedural protections afforded to career federal employees.
Instead of restoring Comans to her position, U.S. District Judge Michael Nachmanoff of the Eastern District of Virginia ruled that Comans is entitled to a name-clearing hearing to challenge allegations made against her after her dismissal and directed both sides to submit a joint proposal within 14 days outlining how the proceeding should move forward.
The decision marks a major development in Comans’ lawsuit against the Department of Homeland Security and FEMA after she was dismissed in February 2025 following a dispute involving a roughly $59 million FEMA reimbursement to New York City through the agency’s Shelter and Services Program.
The ruling also could have broader implications for other federal employees challenging their dismissals under the Trump administration’s interpretation of presidential authority, though the litigation is expected to continue before questions surrounding Comans’ reinstatement are resolved.
Judge rejects administration’s legal argument
Following the hours-long hearing, Nachmanoff rejected the administration’s argument that President Donald Trump’s authority under Article II of the Constitution allowed officials to bypass congressionally established civil service protections when dismissing Comans.
“For the last 140 years, the Supreme Court has affirmed the president does not have plenary power to remove inferior officers,” Nachmanoff said, according to reporters who attended the hearing.
The judge also said “judicial restraint requires that this court follow the law as it stands today,” concluding that existing Supreme Court precedent continues to recognize Congress’ authority to establish removal procedures for lower-ranking executive branch officials and career federal employees.
The judge’s order suggests the next phase of the case could include discovery and an evidentiary hearing before a federal magistrate judge. Comans’ attorneys called the ruling a significant affirmation of federal civil service protections and argued it was the first federal court decision rejecting the administration’s position that Article II allows career federal employees to be dismissed without following statutory procedures.
Lawsuit followed high-profile dismissal
CFO.com previously reported that Comans was fired after the Department of Homeland Security accused her and three other FEMA employees of improperly authorizing approximately $59 million in reimbursements to New York City through FEMA’s Shelter and Services Program, which helps local governments cover costs associated with sheltering asylum seekers, migrants in removal proceedings and other noncitizens lawfully released by DHS pending immigration proceedings.
The reimbursement quickly became a national political issue after Elon Musk criticized the payment on social media, while leading the then-active Department of Government Efficiency. DHS subsequently announced the dismissals, accusing the employees of circumventing agency leadership to approve what it described as improper payments.
Comans disputed those allegations and filed suit in federal court, arguing that the reimbursements were made through a congressionally authorized FEMA program and that she followed established procedures. She also alleged that she was denied the protections guaranteed to career members of the Senior Executive Service before being dismissed.
According to her complaint, Comans should have received advance written notice, an opportunity to respond to the allegations, representation by counsel and a written decision explaining the basis for her termination. Instead, her dismissal notice cited only Article II of the Constitution and stated that she was being removed at the direction of the president.
Friday’s ruling sided with Comans on her argument that she was entitled to those procedural protections before losing her position.
The decision differs from the Supreme Court’s recent ruling allowing Trump to remove leaders of independent agencies because that case addressed principal officers, while Comans is a lower-ranking career federal official whose position remains subject to civil service protections established by Congress.
Although Friday’s ruling does not return Comans to FEMA, it establishes that the court found she was entitled to civil service protections before losing her position. Whether she ultimately returns to the agency and receives back pay remains unresolved as the litigation moves into its next phase.
