She called the timing of the missing messages “highly suspect” and his explanation “not believable,” but did not find sufficient evidence that Guy intentionally destroyed the communications.
The court fight comes as former FEMA officials continue to describe the internal conflicts that surrounded Noem’s leadership of the agency.
Former acting FEMA Administrator David Richardson told ABC News that he faced resistance from DHS headquarters while trying to provide disaster assistance during the deadly 2025 Texas floods.
Richardson said a Noem policy requiring her personal approval for contracts above $100,000 created another layer of bureaucracy during disaster response.
“I eventually had to make a decision where I overrode DHS headquarters and sent the support anyhow,” Richardson told ABC News.
Richardson resigned in December 2025 after his plans to reshape FEMA were not going to be considered without going through the agency’s review process, ABC News reported.
The scrutiny surrounding DHS has also extended to Lewandowski.
The Wall Street Journal reported that Lewandowski, a close adviser to Noem who served as a special government employee at DHS, had major influence over the department while pursuing potential private business opportunities.
The Journal reported that Lewandowski approached officials in Qatar and the United Arab Emirates about potential consulting arrangements involving DHS matters.
Both countries declined, according to The Journal.