A federal judge ruled on Thursday that the Trump administration must bring back thousands of probationary government employees fired unlawfully at several agencies, lambasting the Justice Department at a hearing for a “sham” gambit to block a key official from testifying in the case.
U.S. District Judge William Alsup expanded his earlier decision, ordering the reinstatement of probationary employees who were fired on February 13 and 14. These employees worked at the Veterans Affairs, Agriculture, Defense, Energy, Interior, and Treasury departments.
This case is part of a larger group of lawsuits challenging the mass firings of probationary employees, who are typically in the early years of their federal jobs. These firings are part of the Trump administration’s broader push to change the federal government, which has led to several lawsuits.
Judge Alsup made his ruling after criticizing the government for withdrawing a sworn statement from Charles Ezell, the acting head of the Office of Personnel Management (OPM). Ezell’s testimony was important to the case, but the government removed his statement to avoid having him testify in court. The judge had ordered Ezell to testify.
“Come on, that’s a sham. Go ahead. It upsets me, I want you to know that. I’ve been practicing or serving in this court for over 50 years, and I know how we get at the truth,” Alsup said. “And you’re not helping me get at the truth. You’re giving me press releases, sham documents.”
Ezell’s role is key in the lawsuit, which involves claims that he and OPM were responsible for the mass firings, not the individual agencies. The lawsuit argues that this violated the law and the principle of separation of powers.
The judge had ordered Ezell to testify in court, but the government withdrew his statement to avoid that. “Whenever you submit declarations, those people should be submitted to cross-examination, just like the plaintiffs’ side should be,” Alsup said. “And we can then get at the truth of whether that’s what your story is actually true.”
“I tend to doubt it. I tend to doubt that you’re telling me the truth,” Alsup added.
Later, the judge apologized to Justice Department attorney Kelsey Helland, saying he didn’t mean to accuse her of dishonesty. Helland denied any wrongdoing, saying the government was simply doing its best with the case.
While Thursday’s ruling is a major decision blocking the Trump administration’s efforts to fire probationary employees, it’s only one of several lawsuits on this issue. Other lawsuits have been filed by state attorneys general and individual employees.
“The words that I give you today should not be taken as some kind of wild and crazy judge in San Francisco has said that the administration cannot engage in a reduction in force. I’m not saying that at all,” Alsup said in his ruling.
He clarified that any reduction in the federal workforce must still follow laws like the Reduction In Force Act, the Civil Service Act, and possibly the Constitution.
