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State of New York
Court of Appeals
Albany, New York
October 14, 2009
No. 178 Matter of Goldstein v New York State Urban Development Corporation

"This proceeding challenges the use of eminent domain by the Empire State Development Corporation (ESDC) to take property on the site of the proposed Atlan
Photo: tracy collins from Brooklyn, New York. Edited slightly prior to upload by Daniel Case | CC BY-SA 2.0 | Wikimedia Commons

Judge Says Musk And Noem Led False Smear Campaign Against Ex-FEMA CFO

U.S. Magistrate Judge William Fitzpatrick ruled on Oct. 13, 2026 that Elon Musk and South Dakota Gov. Kristi Noem led a false smear campaign against former FEMA CFO Mary Comans.[1]

Fitzpatrick concluded that Department of Homeland Security officials and other senior figures falsely accused Comans of bypassing leadership to send "egregious" migrant hotel payments to New York City.[1] He named Noem, Elon Musk and Corey Lewandowski among the defendants he found responsible for spreading the false claims.[1] Court records show the disputed payments to state and local governments, including New York City, were approved by senior DHS and FEMA officials and by staff at Dogecoin-related companies overseen by Musk.[1]

A July 2026 federal ruling found that Comans was removed from her FEMA CFO post in February 2025 without constitutionally required due process.[1] Fitzpatrick said Musk knowingly or negligently misrepresented Comans' actions in an X post that showed her photo and accused her of "criminal action" in funneling millions to hotels.[1]

Fitzpatrick also found that Noem and Lewandowski supplied false information to online influencer Laura Loomer expecting she would spread it widely.[1] The findings were issued in a name-clearing proceeding aimed at addressing reputational harm to Comans.[1]

  1. CBS News
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📌 Key Facts

  • On Tuesday, October 13, 2026, U.S. Magistrate Judge William Fitzpatrick issued findings in a name‑clearing proceeding for former FEMA CFO Mary Comans.
  • Fitzpatrick found that DHS, Kristi Noem, Elon Musk, Corey Lewandowski and other senior officials falsely accused Comans of bypassing leadership to send 'egregious' migrant hotel payments to New York City.
  • Court records show the disputed payments to state and local governments, including New York City, were approved by senior DHS and FEMA officials and by DOGE staff overseen by Musk.
  • The judge found Musk knowingly or negligently misrepresented Comans’ actions in an X post that displayed her photo and accused her of 'criminal action' in funneling millions to hotels.
  • Fitzpatrick concluded that Noem and Lewandowski supplied false information about Comans to Laura Loomer with the expectation she would spread it widely online.
  • The decision follows a July 2026 federal ruling that Comans was removed from her FEMA CFO post in February 2025 without constitutionally required due process.

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October 15, 2026