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ayanna pressley
Judge Temporarily Blocks Musk-Led 'Fork' Offer to Purge Federal Workers
"Proceed with caution," Congresswoman Ayanna Pressley urged federal workers. "Talk to your union reps. Know your rights."
Feb 06, 2025
A U.S. judge in Massachusetts on Thursday temporarily blocked President Donald Trump's widely decried deferred resignation program intended to help the Republican administration dramatically reduce the federal workforce—a move that came just hours away from a midnight application deadline for workers.
Boston-based District Judge George O'Toole Jr., an appointee of former President Bill Clinton, "did not express an opinion on the legality of the program," according toThe Associated Press. "He scheduled a hearing for Monday at 2:00 pm EST and told the administration to extend the application deadline until after that."
The judge's intervention was prompted by labor unions, including the American Federation of Government Employees (AFGE), that filed suit on Tuesday, arguing the program is "an arbitrary, unlawful, short-fused ultimatum," and on Wednesday asked O'Toole to pause implementation and extend the deadline.
Despite warnings from unions and congressional Democrats not to trust the Trump administration's deal, multiple journalists reported Thursday at least 50,000 federal workers—or about 2% of the government's 2.3 million workforce—had taken it.
"Deferred resignation is designed to tempt you, but there are major reasons for concern."
The program was unveiled last month in a "Fork in the Road" email that the Office of Personnel Management (OPM), the government's human resources agency, sent federal workers. It resembles—including the verbatim wording of the subject line—an email that billionaire Elon Musk, chair of Trump's Department of Government Efficiency( DOGE), sent Twitter employees in 2022, when he took over the social media platform.
In the email, OPM told federal workers that "we cannot give you full assurance regarding the certainty of your position or agency," and gave them until Thursday to decide whether to leave their jobs, claiming that "if you resign under this program, you will retain all pay and benefits regardless of your daily workload and will be exempted from all applicable in-person work requirements until September 30, 2025 (or earlier if you choose to accelerate your resignation for any reason)."
A subsequently published OPM webpage answering frequently asked questions claims that workers who take the deal are not expected to work during the deferred resignation period and encourages them to seek private sector employment in that time. It also states that the offer applies to all full-time federal employees except those in the military; U.S. Postal Service; positions related to immigration enforcement, national security, or public safety; and jobs specifically excluded by federal agencies.
Although the Internal Revenue Service does not appear on that list, Federal News Networkreported Wednesday that some IRS employees who accepted the resignation offer "are now being told they must stay on the job through May 15, because the agency has deemed their work 'essential' to this year's tax filing season." Axiosobtained the relevant email sent to IRS workers.
"Not only is this a clear case of bait-and-switch—they were originally told they would be paid to not work through September 30—but it proves that the terms of OPM's so-called offer are unreliable and cannot be trusted," said Doreen Greenwald, president of the National Treasury Employees Union (NTEU), which represents IRS workers, in a statement to the media outlets.
"We do welcome the admission, however, that IRS employees are vital to the agency mission," she added. "By requiring IRS employees to stay on the job longer than promised, the administration is proving what NTEU has been saying all along: IRS employees are essential and without them, the jobs that the American people depend upon will not get done. In the case of the IRS, it's answering taxpayer questions during filing season, processing tax returns, and issuing refunds. But this holds true for frontline federal employees across government who safeguard the public health, promote economic growth, and secure the nation. If their jobs are arbitrarily eliminated, those services are in jeopardy."
NTEU and the AFGE have cautioned members against taking the offer. The latter union is circulating an FAQ sheet for federal workers, which notes that "it is unclear what recourse, if any, employees might have if the government fails to honor the terms of their deferred resignation."
Reutersspoke with multiple federal employees weighing what to do ahead of the deadline:
Employees at the General Services Administration, which manages federal properties, have been bracing for mass layoffs after officials said they plan to slash spending by half.
"It's just chaos, no one is able to do any real work now," said one employee, who spoke on condition of anonymity. Colleagues were deleting personal documents from their work computers, the person said.
Another worker at the National Oceanic and Atmospheric Administration, who also asked not to be named, said the mood inside the agency was one of fear and confusion. Staff believe they will likely lose their jobs whether or not they accept the offer, the person said.
An unnamed but defiant Department of Agriculture employee told the news agency: "I am scared about losing my job, but I am not going to give in. They need to push me out."
Rep. Don Beyer (D-Va.), whose congressional district is home to many members of the civilian workforce, wrote in an open letter to them on Thursday: "I am not a lawyer, financial planner, or career adviser, and cannot tell you what to do. But I can offer my empathy and perspective on the choice that faces you. As someone who grew up in a family of civil servants, pursued public service, and represents over 70,000 federal employees, I respect and value your service to the country."
"You can see what Elon Musk and Donald Trump are doing. The hiring freeze, Schedule F, the mass firings, the cancellation of work arrangements and collective bargaining agreements, and the emails and statements insulting you and your work—all are designed to demoralize you, fill your workplace with chaos and fear, and get you to quit," he continued. "Deferred resignation is designed to tempt you, but there are major reasons for concern."
"First, the administration says they can rescind this offer after it is accepted and stop paying you, which would leave you with little or no recourse. Next, the legality of these offers is dubious," Beyer stressed. "Finally, to accept this offer, you must trust that Elon Musk and Donald Trump will keep their word. They both have extensive track records of dishonesty."
"Only you know what is the best choice for you. If you are concerned about your job security and think taking this offer is the lesser evil, there is no shame in that," he concluded. "I will not stop fighting for you and for the federal employees who choose to serve the American people, and there are many others who will have your back. You are not alone, and America needs you more than ever."
Sharing resources for workers on social media Thursday, Congresswoman Ayanna Pressley (D-Mass.) similarly said: "If you're a federal employee who received Trump's 'Fork in the Road' memo, proceed with caution. This is not a man who keeps his word to workers on anything. Talk to your union reps. Know your rights."
Former Twitter workers are also speaking out. After interviewing ex-employees and a lawyer who represents thousands of them who took legal action after Musk bought the platform, CNNreported Wednesday:
Within hours of acquiring Twitter, Musk had fired its top executives; within days, he'd laid off around 3,500 employees, around 50% of the company's total staff. Ultimately, he trimmed 80% of Twitter's workforce, demanded everyone return to the office, and often required employees to work far more than 40 hours a week.
Musk's DOGE, with its goal of cutting potentially trillions of dollars out of the federal budget, is making similar cuts throughout government: the United States Agency for International Development appears to be in the process of shutting down; two sources told CNN the Office of Personnel Management was directed to prepare to eventually cut as much as 70% of its workforce; and the General Services Administration was told to present proposals to cut 50% of business expenses, according to multiple sources with knowledge of the situation.
The network noted that Yao Yue, former principal software engineer at Twitter, recently wrote on X: "As someone who went through an eerily similar episode of hostile takeover that also played out in public in real time, I want to tell all the fed workers, 'I'm so sorry this is happening to you, I know how this feels.' And here are some of my learnings."
"Take care of each other... Record things, safely," she advised. "Stay calm and carry on. Don't comply without question, don't fold over in advance... You will survive if you band together with your trusted coworkers, family, and friends. You are not alone. Tell us what you need. We will get through this together."
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Biden Commutes 1,500 Sentences and Issues 39 Pardons—But Leaves 40 People on Death Row
"State-sanctioned murder is not justice, and President Biden has an opportunity and an obligation to save lives," Democratic Rep. Ayanna Pressley said earlier this week.
Dec 12, 2024
U.S. President Joe Biden on Thursday announced that he is commuting the sentences of nearly 1,500 Americans and pardoning 39 people convicted of nonviolent crimes, a move the White House described as "the largest single-day grant of clemency in modern history."
But the president's sweeping use of his clemency power as his term nears its conclusion did not appear to extend to any of the 40 men currently on death row—some of whom have been there for decades.
According to a White House fact sheet, those who received commutations "have been serving their sentences at home for at least one year under the Covid-era CARES Act," a law that extended the amount of time in which people could be placed in home confinement to reduce the spread of the virus in prisons.
The White House did not name those who received pardons or commutations but said the list includes a "decorated military veteran," a "nurse who has led emergency response for several natural disasters," and "an addiction counselor who volunteers his time to help young people find their purpose."
The Biden Justice Department paused federal executions in 2021, but President-elect Donald Trump pledged on the campaign trail to expand the use of the death penalty and is expected to allow the executions of the 40 men on death row to take place if they're still there when he takes office next month.
In a statement on Thursday, Biden said that he has "the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation, restoring opportunity for Americans to participate in daily life and contribute to their communities, and taking steps to remove sentencing disparities for non-violent offenders, especially those convicted of drug offenses."
"That is why, today, I am pardoning 39 people who have shown successful rehabilitation and have shown commitment to making their communities stronger and safer," the president said. "I am also commuting the sentences of nearly 1,500 people who are serving long prison sentences—many of whom would receive lower sentences if charged under today’s laws, policies, and practices. These commutation recipients, who were placed on home confinement during the Covid pandemic, have successfully reintegrated into their families and communities and have shown that they deserve a second chance."
Biden, who campaigned on ending the death penalty at the federal level, vowed to "take more steps in the weeks ahead" as his administration reviews clemency petitions, leaving open the possibility of commutations for death row prisoners.
But he's running out of time, human rights organizations, religious leaders, former federal judges, and progressive lawmakers have warned in recent days as they've ramped up pressure on Biden to act.
"State-sanctioned murder is not justice, and President Biden has an opportunity and an obligation to save lives and make good on his campaign promise to address the federal death penalty before leaving office," Rep. Ayanna Pressley (D-Mass.) said at a press conference earlier this week. "With the incoming administration planning to execute the 40 individuals on death row, we're calling on the president to use his clemency authority to commute their death sentences and resentence them to a prison term."
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Biden's Hands 'Will Be Bloody' If He Lets Trump Inherit Death Row Cases, Critics Warn
"President Biden came into office committing to abolishing the federal death penalty because of its fundamental flaws. Commuting the federal row is the way he can honor that commitment," said one advocate.
Dec 03, 2024
For weeks, President Joe Biden has faced calls to use his clemency powers to save the lives of federal inmates on death row ahead of a transfer of power to President-elect Donald Trump, who has said he will expand the use of the death penalty.
Biden's inaction on the issue has drawn increased scrutiny following his pardon of his own son, Hunter Biden, clearing the younger Biden of wrongdoing in any federal crimes he committed or may have committed in the last 11 years.
Presidents have broad authority under Article II, Section 2 of the Constitution to grant pardons and reprieves for federal crimes. Biden recently pardoned two Thanksgiving turkeys as part of an annual tradition to highlight these constitutional powers, but he has not issued commutations for the 40 incarcerated men on federal death row. (He did, however, order a moratorium on carrying out federal death sentences in 2021).
"If Biden does not act, there is little doubt that Trump will aggressively schedule executions in his next term. Their blood will primarily be on Trump's hands, but, if Biden does not act to prevent it, his hands will be bloody too," wrote Matt Bruenig, president of the People's Policy Project think tank, reacting to the news of Hunter Biden's pardon.
"The death penalty is a morally-bankrupt and inescapably racist institution" —Yasmin Cader, ACLU deputy legal director
The pardoning of Hunter Biden, who was awaiting sentencing in two federal cases, also prompted scrutiny around pardon actions Biden could take that are not just focused on death row.
"This," wrote Rep. Rashida Tlaib (D-Mich.) in response to a post on X that contrasted Hunter Biden's pardon with the fact that tens of thousands of people are in federal custody for drug offenses.
In 2020, Biden pledged to work to abolish the federal death penalty but, according to the Death Penalty Information Center, "there has been little evidence of anything done in furtherance of this promise."
Pressure to issue clemency was building prior to the announcement of Hunter Biden's pardon.
On November 20, over 60 members of Congress sent a letter to Biden, encouraging him to use his "clemency powers to help broad classes of people and cases, including the elderly and chronically ill, those on death row, people with unjustified sentencing disparities, and women who were punished for defending themselves against their abusers."
During a press conference in November that featured House Democrats and anti-death penalty advocates, Rep. Ayanna Pressley (D-Mass.) said that "those on death row who are at risk of barbaric and inhumane murder at the hands of the Trump administration can have their death sentence commuted and be resentenced to a prison term," according to Oklahoma Voice.
"We're here today to ask him to take another step in that direction and to demonstrate, once again, a very positive consequence of his having been elected our 46th president, and to carry out his clemency powers in a very positive way," Rep. James Clyburn (D-S.C.) said.
Meanwhile, the ACLU has also urged Biden to use the lame duck session to commute federal death sentences—pointing out that Trump has vowed to expand the death penalty, including to non-homicide crimes such as drug-related offenses.
"The death penalty is a morally-bankrupt and inescapably racist institution. President Biden came into office committing to abolishing the federal death penalty because of its fundamental flaws. Commuting the federal row is the way he can honor that commitment, and prevent irreversible miscarriages of justice," said Yasmin Cader, ACLU deputy legal director and the director of the Trone Center for Justice and Equality.
While Biden so far has granted far fewer pardon and commutation petitions compared to former President Barack Obama, according to the Department of Justice's Office of the Pardon Attorney, he did in 2022 grant full and unconditional pardons to all U.S. citizens convicted of simple federal marijuana possession—a move that was cheered by advocates.
"President Joe Biden can—and must—act now to finish the death penalty reform work his administration began in 2020," the ACLU said last month. "He must commute the sentences of all people on federal death row to stymie Trump’s plans and to redress the racial injustice inherent to capital punishment."
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