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"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."
A U.S. judge on Thursday ruled that the Trump administration must reinstate thousands of government workers fired from half a dozen federal agencies based on the "lie" that their performance warranted termination.
U.S. District Judge for the Northern District of California William Alsup—an appointee of former President Bill Clinton—granted a preliminary injunction supporting a temporary restraining order against the Office of Personnel Management (OPM) and acting Director Charles Ezell on the grounds that the mass firing of probationary federal employees is "unlawful" because the agency lacked the authority for the move.
Alsup—who last month also found the OPM firings illegal—ordered the Trump administration to immediately reinstate all probationary employees terminated from the departments of Agriculture, Defense, Energy, Interior, Treasury, and Veterans Affairs.
"The reason that OPM wanted to put this based on performance was at least in part in my judgment a gimmick to avoid the Reductions in Force (RIF) Act, because the law always allows you to fire somebody for performance," Alsup said, referring the process used by federal agencies reduce the size of their workforce during reorganizations or budget cuts.
Last month, Trump signed an executive order directing Elon Musk's Department of Government Efficiency to institute RIFs across federal agencies as part of a so-called "workforce optimization initiative."
"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," Alsup wrote. "That should not have been done in our country. It was a sham in order to try to avoid statutory requirements."
While the White House blasted Alsup's ruling as "absurd and unconstitutional" and lodged an appeal, advocates for government workers cheered the decision.
Everett Kelley, national president of the American Federation of Government Employees (AFGE), said in a statement that the union "is pleased with Judge Alsup's order to immediately reinstate tens of thousands of probationary federal employees who were illegally fired from their jobs by an administration hellbent on crippling federal agencies and their work on behalf of the American public."
"We are grateful for these employees and the critical work they do, and AFGE will keep fighting until all federal employees who were unjustly and illegally fired are given their jobs back," Kelley added.
Lee Saunders, president of the American Federation of State, County, and Municipal Employees (AFSCME), said: "Public service workers are the backbone of our communities in every way. Today, we are proud to celebrate the court's decision which orders that fired federal employees must be reinstated and reinforces they cannot be fired without reason."
"This is a big win for all workers, especially AFSCME members of the United Nurses Associations of California and Council 20, who will be able to continue their essential work at the Department of Agriculture, Veterans Affairs Department, and other agencies," Saunders added.
Violet Wulf-Saena, founder and executive director of Climate Resilient Communities—a California-based nonprofit that "brings people together to create local solutions for a healthy planet"—also welcomed Thursday's ruling.
"The mass firing of public service employees is a direct assault on the environmental justice movement and will harm people living in heavily polluted communities," she said. "Today's decision represents a key win for our movement because our lifesaving work cannot proceed without the vital infrastructure and support of our federal employees."
One observer warned that top Democrats are "trying to fool their own supporters" about their position on the Republican Party's government funding legislation.
Senate Minority Leader Chuck Schumer said in a floor speech Wednesday that Republicans don't have enough support from his caucus to advance their partisan six-month government funding legislation, which would inflict large cuts to non-military spending and bolster the Trump administration's assault on federal agencies.
But Schumer's claim of Democratic unity following tense private caucus meetings was soon called into question as some members suggested the minority party could still cut a deal with Republicans to invoke cloture on the legislation—a move that would pave the way for passage of the bill with a simple-majority vote.
"Everybody in the caucus wants an opportunity to vote for a clean 30-day [continuing resolution] that puts us on a pathway to regular, legit appropriations," said Sen. Sheldon Whitehouse (D-R.I.), referring to an alternative government funding bill offered by Democratic appropriators ahead of the looming Friday shutdown.
"It's not an unreasonable ask to say, if you want cloture, you'd better give us a vote," Whitehouse added.
Sen. Tim Kaine (D-Va.) similarly indicated that Democrats could be willing to help Republicans invoke cloture—which requires 60 votes—in exchange for votes on Democratic amendments.
If cloture is invoked, the GOP would no longer need Democratic support to push the bill through the Senate.
"Democrats had nothing to do with this bill," Kaine told reporters following a closed-door caucus meeting on Wednesday. "And we want an opportunity to get an amendment vote or two. So that's what we are insisting on to vote for cloture."
"Any Senate Dem who thinks their left flank, or anyone else in their base who is determined to stop Trump, would accept this strategy is deeply deluded."
Such remarks from Democrats led Josh Marshall of Talking Points Memo to describe Schumer's floor speech as "a head fake."
"This is the Senate D caucus trying to fool their own supporters," Marshall argued. "Sorry to say that but that's what's happening."
In a blog post, Marshall wrote that "this was a deal between Schumer and [Senate Majority Leader John] Thune to allow a brief performative episode to throw Democratic voters off the scent while the Democratic caucus allowed the bill to pass."
"The deal is this: Democrats agree to give up the 60-vote threshold in exchange for being allowed to offer amendments to the House bill. The 'amendment' or 'amendments' will likely be some version of Sen. [Patty] Murray's 30-day CR. It doesn't even matter what they are. But this is all for show," he explained. "Once you give up the 60-vote threshold, the whole thing is over."
Progressive strategist Robert Cruickshank wrote late Wednesday that "any Senate Dem who thinks their left flank, or anyone else in their base who is determined to stop Trump, would accept this strategy is deeply deluded."
"This isn't even about left or right or center," Cruickshank wrote. "The divide within the Democratic Party is 'fight' versus 'surrender.'"
The new comments from Schumer and members of his caucus came amid a pressure campaign from House Democrats, grassroots organizers, advocacy groups, and the nation's largest union of federal workers urging senators to oppose the Republican funding bill, even if it means risking a government shutdown at the end of the week.
The American Federation of Government Employees (AFGE), which is engaged in legal fights against the Trump administration's large-scale attack on federal agencies,
wrote to senators on Wednesday that "a widespread government shutdown has been underway since January 20 and will continue to spread whether senators vote yes or no" on the Republican funding package.
"If H.R. 1968 becomes law—a measure that ignores the administration's brazen refusal to carry out duly enacted laws of Congress and further erodes Congress' power of the purse—AFGE knows that DOGE will dramatically expand its terminations of federal workers and double down on its campaign to make federal agencies fail because there will be nothing left to stop the administration for the balance of fiscal year 2025, if ever," the union wrote.
At least one Senate Democrat who was seen earlier Wednesday as a possible vote for the GOP, Sen. John Hickenlooper of Colorado, vowed later in the day to oppose both cloture and the Republican bill itself, a sign that public outrage could be having an impact.
"Keep calling. Keep up the pressure," Democratic strategist Matt McDermott wrote in response to the Colorado senator's opposition.
Senate Democrats are waking up: Hickenlooper said this morning he was leaning towards backing the CR. But at a town hall tonight he publicly commits to voting No — including on cloture. Keep calling. Keep up the pressure.
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— Matt McDermott ( @mattmfm.bsky.social) March 12, 2025 at 10:18 PM
Rep. Alexandria Ocasio-Cortez (D-N.Y.), who has been urging Democratic senators to oppose the Republican bill, wrote Wednesday night that "House Democrats have stayed in D.C. to pass a 30-day clean government funding extension."
"We are here to avert a shutdown and give Republicans the time they need to negotiate a bipartisan agreement," Ocasio-Cortez added. "I'm here in D.C. ready to vote on a clean CR, and so is everyone else. Let's do it."
A House Democrat warned the move "will cripple the very system that millions of veterans rely on, denying them access to lifesaving healthcare, claims processing, and education benefits they've earned."
U.S. President Donald Trump and billionaire Elon Musk's sweeping effort to gut the federal government includes cutting up to 83,000 jobs at the Department of Veterans Affairs, according to a leaked memo that sparked a furious response on Wednesday.
VA Chief of Staff Christopher Syrek's memo to top staff was first reported by Government Executive late Tuesday.
As the outlet detailed: "The forthcoming cuts will be sweeping and spare no part of the department, Syrek said. He set an initial target of VA's staffing level in fiscal 2019, or 399,000 workers. VA currently employs 482,000 staff—and 459,000 full-time workers—meaning VA plans to slash its workforce by upwards of 83,000 individuals." Over a quarter of department employees are veterans.
"Trump and Musk want to take away veterans' healthcare to pay for massive tax breaks for billionaires. It's a morally bankrupt plan that will prevent those who served our country from getting the care they need."
U.S. House Committee on Veterans' Affairs Chair Mike Bost (R-Ill.) said in a statement that "I have questions about the impact these reductions and discussions could have on the delivery of services," and "I have been in contact with" Secretary of Veterans Affairs Doug Collins since the memo leaked. The panel's ranking member, Mark Takano (D-Calif.), was far more critical.
"This deliberate dismantling of VA's workforce by firing an additional 80,000 employees isn't just dangerous—it's an outright betrayal of veterans," said Takano. He warned that a return to the staffing level before the Promise to Address Comprehensive Toxics (PACT) Act, 2022 legislation to help those exposed to burn pits, "will cripple the very system that millions of veterans rely on, denying them access to lifesaving healthcare, claims processing, and education benefits they've earned."
Takano called on Bost to "immediately hold a hearing to get answers—because what's happening here isn't just a bureaucratic decision, it's a crisis in the making." He also demanded that Collins "explain how this reckless attack on VA won't have catastrophic consequences for veterans' access to care, benefits, and education."
Senate Veterans' Affairs Committee Ranking Member Richard Blumenthal (D-Conn.) similarly said that "Congress worked in a bipartisan manner to pass the PACT Act and equip VA with the tools and resources needed to serve more veterans than ever. Since January 20, this administration has launched an all-out assault undermining that progress and attacking the VA workforce and the veterans it serves."
"This memo makes their goal crystal clear: They want to roll back the PACT Act by cutting 80,000 jobs—including 20,000 veterans—while starving VA's ability to meet increased demand in order to justify privatizing VA," Blumenthal continued. "Their plan prioritizes private sector profits over veterans' care, balancing the budget on the backs of those who served. It's a shameful betrayal, and veterans will pay the price for their unforgivable corruption, incompetence, and immorality."
Congressman Chris Deluzio (D-Pa.), an Iraq War veteran, declared on the Musk-owned platform X that "they are trying to destroy the VA. Miss me with your flag waving GOP ads wrapping yourself in my fellow veterans. We're up for this fight."
House Minority Leader Hakeem Jeffries (D-N.Y.) hosted a Wednesday press conference about GOP attacks on veterans. He said that "thousands of veterans across the country have been hurt by the extreme reactions of Donald Trump, the Trump administration, Elon Musk, and MAGA Republicans. It's unacceptable. It's unconscionable. It's un-American."
"And there are several veterans here today to tell their stories to the American people about what is happening and the fact that veterans all across this great country are being harmed," Jeffries explained. "Our promise to veterans and this country is that we will always stand with you."
The Associated Press on Wednesday obtained the memo and spoke with Michael Missal, one of several inspectors general suing over Trump's recent dismissal of the watchdogs. He told the AP that the VA is already suffering from a lack of "expertise" at the top of the agency.
"What's going to happen is VA's not going to perform as well for veterans, and veterans are going to get harmed," warned Missal, who was Blumenthal's guest for Trump's Tuesday address to Congress. The ousted inspector general described the VA as "a really complicated, hard to manage organization," like a big corporation, and defended his work there.
Outrage over the VA's plan to work with the Musk-led Department of Government Efficiency (DOGE) to "resize and tailor the workforce to the mission and revised structure," as Syrek put it, reached far beyond members of government.
"Trump and Musk want to take away veterans' healthcare to pay for massive tax breaks for billionaires. It's a morally bankrupt plan that will prevent those who served our country from getting the care they need," said Maurice Mitchell, national director of the Working Families Party. "Every House Republican should be point-blank whether they stand by Trump and Musk’s plan to cut healthcare for our veterans."
The watchdog Accountable.US called the reporting on the memo "damning," while American Federation of Government Employees national president Everett Kelley, stressed that the layoffs "will destroy the VA's ability fulfill the PACT Act's promises to veterans who either died or became ill as a result of exposure to burn pits, Agent Orange, and other toxic substances."
"The VA has been severely understaffed for many years, resulting in longer wait times for veterans in need," the union leader said. "The DOGE plunder of career VA employees, adding to the illegal mass firings of thousands of probationary employees, can only make matters worse. Veterans and their families will suffer unnecessarily, and the will of Congress will be ignored."
On behalf of the 311,000 VA employees his union represents, Kelley urged Congress "to intervene in these un-American tactics and put a stop to Elon Musk's DOGE rampage through America's most cherished agencies in a blatant attempt to justify privatizing government services."