Noem can be deposed in lawsuit over mass FEMA firings, judge says

By Thomas Frank | 03/04/2026 01:37 PM EST

The judge cited “changing positions of the defendants” and ordered the government to release documents.

Kristi Noem testifies during a hearing

Homeland Security Secretary Kristi Noem testifies during a House Judiciary Committee hearing Wednesday. Francis Chung/POLITICO via AP

A federal judge is allowing a coalition of federal labor unions and other groups to question Homeland Security Secretary Kristi Noem under oath in relation to a lawsuit challenging the mass dismissal of disaster workers.

Judge Susan Illston of the Northern District of California authorized the groups to depose Noem hours after a Tuesday court hearing at which government lawyers seemingly contradicted sworn testimony by the Federal Emergency Management Agency’s acting administrator on a key question in the case: Who fired nearly 200 FEMA employees in January.

The lawyers defending Noem said FEMA officials fired the officials. That contradicted the agency’s leader, who had said the Department of Homeland Security had initiated the firings. FEMA is part of DHS.

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“At the hearing, defense counsel presented a version of the facts markedly different from what is contained in the sworn declaration by Karen S. Evans,” Illston wrote in her order, referring to the acting FEMA chief.

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