Federal Judge in SF Orders Trump Administration to Reverse Mass Firings at 6 Agencies

Updated 3:02 p.m. Thursday

A federal judge in San Francisco on Thursday ordered the Trump administration to “immediately” reinstate thousands of probationary employees at six federal agencies who lost their jobs in recent waves of mass firings.

U.S. District Judge William Alsup ruled that the firings violated federal law and ordered the administration to issue immediate offers of reinstatement.

The workers in question were employed by the departments of Veterans Affairs, Agriculture, Defense, Energy, the Interior and the Treasury.

Alsup, an appointee of former President Bill Clinton, said the firings were unlawful because the U.S. Office of Personnel Management (OPM) and its acting director did not have the authority to order the terminations.

He added that it was clear federal agencies had followed OPM’s directive to use a loophole — which he called “a gimmick” — to fire the workers based on poor performance, even though they had received positive feedback from supervisors.

“It is a sad day when our government would fire some good employee and say it was based on performance when they know good and well that’s a lie,” he said. “It was a sham in order to try to avoid statutory requirements.”

In a statement provided to NPR, White House press secretary Karoline Leavitt defended the firings and said the administration would fight back against what she called an “absurd and unconstitutional order.”

“The President has the authority to exercise the power of the entire executive branch — singular district court judges cannot abuse the power of the entire judiciary to thwart the President’s agenda,” Leavitt said. “If a federal district court judge would like executive powers, they can try and run for President themselves.”

Thursday’s ruling stemmed from a lawsuit filed by a coalition of labor unions and advocacy groups in response to the administration’s effort to dramatically downsize the federal workforce.

The judge’s ruling follows a temporary restraining order he issued earlier this month that halted the Trump administration’s firing of probationary employees, an injunction that he further extended on Thursday.

Alsup expressed his frustration with lawyers representing the Trump administration, saying he was tired of seeing them “stonewall” his efforts to find out whether it was OPM or the agencies themselves that directed the mass terminations.

He also took issue that OPM’s acting director, Charles Ezell, and his senior adviser, Noah Peters, did not attend the hearing.

“You will not bring the people in here to be cross-examined. You’re afraid to do so because you know cross-examination would reveal the truth,” Alsup told the administration’s legal team. “I tend to doubt that you’re telling me the truth.”

The administration’s lawyers, meanwhile, argued that firings of probationary employees were directed by the heads of the agencies, in accordance with established laws, and that press releases issued by the respective agencies proved that.

Before issuing his ruling, Alsup also clarified with lawyers representing the unions that the administration’s current “reduction in force” orders at several other agencies, including the Department of Education, were still legal and could proceed.

“If it’s done right, there can be a reduction in force within an agency, that has to be true,” Alsup said.

Luz Fuller, president of the American Federation of Government Employees Local 1206 in Sacramento, which represents about 4,500 Veterans Affairs employees, said she felt a great sense of relief after hearing the ruling.

“I was just so happy for those families that I know were sitting at home. They lost their jobs, they were illegally fired,” she said. “And now they’re going to get contacted by their supervisors. And be made known that they were fired illegally. They can return to work.”