Federal judge orders agencies to rehire workers, calls process a "sham"

Zoom out: The order is effective immediately, ruled Judge William Alsup, a Clinton appointee who presides in the U.S. District Court for the Northern District of California.

• Alsup said the Office of Personnel Management's order and the firing process was basically a "sham," noting that some probationary workers had been told that they were fired based on their performance.
• "It is sad, a sad day," said Alsup. "Our government would fire some good employee, and say it was based on performance. When they know good and well, that's a lie."

Zoom in: The agencies ordered to re-hire workers include the Department of Agriculture, Department of Defense, Department of Energy, Department of the Interior, Department of Treasury, and Veterans Affairs.

• Notably the Treasury Department includes the IRS. The tax agency has been hit hard by job cuts in recent weeks.

The big picture: The order comes just as agencies are set to undertake even more firings, or "reduction in force" in federal jargon.

• These reduction memos from each agency are due Thursday and are expected to detail as many as 250,000 job cuts.
• Alsup's decision comes on top of a ruling last week from the Merit Systems Protections Board, a federal agency that reviews worker complaints, ordering the reinstatement of 6,000 workers at the USDA.

Where it stands: In his ruling, Alsup made clear that it is within an agency's right to conduct a reduction in force, as long as it complies with the law.

• "This case is really an attempt to do a reduction in force, but to force it through the OPM," Alsup said.

OPM argued that it did not order these firings — but the judge read from agency letters that made clear that the firings had been ordered by OPM.

• He also pointed to the firing of an employee of the U.S. Forest Service, who had just months earlier received a positive performance review but was told in her termination letter that she was being fired due to poor performance.
• The firing process, he said, "was a sham in order to try to avoid statutory requirements."

What they're saying: The White House "will immediately fight back against this absurd and unconstitutional order," press secretary Karoline Leavitt said in a statement Thursday.

• "A single judge is attempting to unconstitutionally seize the power of hiring and firing from the Executive Branch," she said. "If a federal district court judge would like executive powers, they can try and run for President themselves. "

Catch up quick: The lawsuit was filed by unions representing federal workers, as well as several advocacy groups, including the Coalition to Protect American's National Parks.

• The plaintiffs argued that the Office of Personnel Management didn't have that authority to order these firings, and in an initial ruling last month Alsup agreed.

Earlier this week, lawyers for the White House retracted testimony from the acting chair of the Office of Personnel Management, Charles Ezell, rather than comply with Alsup's request that he testify or be deposed.

• Alsup was not pleased about that — nor with the government's attempt to use press releases to argue that the firings were something agencies did on their own.
• "I want you to know that I've been practicing or serving in this court for over 50 years, and I know how that 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."

Of note: As the hearing came to a close, Alsup apologized for getting worked up.

• "I want to make it clear that I don't think counsel for the government has done anything dishonorable. I've given him a hard time," he said. "He's doing the best he can with the case he's got. Thank you for your service in the Justice Department."

Editor's Note: This story has been updated to remove an erroneously attributed statement.