Biden-appointed District Judge Michael Nachmanoff decided she is entitled to a name-clearing hearing over the issue. “Today’s decision is a resounding victory for the rule of law and our vital civil service. In Comans’s firing, the Trump administration said it was allowed to terminate her employment with FEMA under Article II of the Constitution, which endows a president with executive power. It could play a role in the upcoming hearing between Comans and the Trump administration. FEMA is an agency within Homeland Security, which falls under the executive branch of the federal government.