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A federal judge has dealt a blow to Elon Musks DOGE agenda. On Thursday, Judge William Alsup of San Francisco said that the firing of tens of thousands of federal probationary workers had been based on a lie and that the government had conducted the expulsions illegallyfurther calling the initiative a sham. Alsup ordered that the workers be reinstated immediately. Probationary workersthat is, workers who are new to the workforce and havent received more advanced benefits and protectionshave suffered massive cuts across the government, as DOGE and the Trump administration have attempted to greatly reduce the federal workforce. The case before Alsup concerns litigation brought by union groups representing those workers. Alsups reinstatement order applies to thousands of federal workers fired from the Defense Department, the Department of Veterans Affairs, the Department of Agriculture, the Department of Energy, the Treasury Department, and the Department of the Interior. Government Executive reports that some 24,000 employees would regain their jobs as a result of the judges decision. The governments firing of the employees was illegitimate because the agencies impacted by the cuts were directed by the Office of Personnel Management to do so, Alsup said. The OPM does not have the authority to make such orders, as those orders could only be made by the agencies themselves, the judge concluded. Many of the cuts in question took place not long after Musks DOGE initiative was announced and a team of Musk-linked workers took over the OPM. That team is said to have included numerous current and former employees of Musk, including Amanda Scales, a former Musk employee who was appointed chief of staff at the agency. On January 31, Reuters reported that Musk aides had locked career civil servants out of the computer systems at the agency and were engaged in some sort of undisclosed work involving said systems. Democratic lawmakers subsequently accused Musk of leading a hostile takover of the agency.On February 14, Reuters reported that, as part of the government downsizing initiative being led by Musk, the Trump administration had begun to fire scores of government employees, a majority of which were still on probation. A statement from the OPM at the time said that the Trump administration was encouraging agencies to use the probationary period as it was intended: as a continuation of the job application process, not an entitlement for permanent employment. Charles Ezell, the acting director of the OPM, met with the heads of numerous federal agencies on February 13 and ordered them to fire tens of thousands of employees, according to the unions representing the workers. The government has claimed that Ezell was not issuing orders and was merely providing guidance. However, Alsup recently determined that the OPM had, indeed, ordered the firings, and done so illegally.The court finds that Office of Personnel Management did direct all agencies to terminate probationary employees with the exception of mission critical employees, Alsup recently said. The case before Alsup took a turn this week when Ezellabruptly refused a court order to testify about his role in the firings. The problem here is that Acting Director Ezell submitted a sworn declaration in support of defendants position, but now refuses to appear to be cross-examined, or to be deposed, Alsup said. Alsup, a Clinton appointee, had harsh words for the Trump administrations conduct, claiming that attorneys working for the government had attempted to mislead him. The government, I believe, has tried to frustrate the judges ability to get at the truth of what happened here, and then set forth sham declarations, he said. Thats not the way it works in the U.S. District Court.Outlets report that Alsup became visibly upset with Trump Justice Department lawyers at various points throughout the hearing. Come on, thats a sham. Go ahead. It upsets me, I want you to know that. Ive been practicing or serving in this court for over 50 years, and I know how do we get at the truth, Alsup said. And youre not helping me get at the truth. Youre giving me press releases, sham documents. It is sad, a sad day, Alsup continued. Our government would fire some good employee, and say it was based on performance. When they know good and well, thats a lie. He continued: That should not have been done in our country. It was a sham in order to try to avoid statutory requirements.Alsup also ordered discovery and deposition in the case to provide greater transparency about the governments activities. He further dissuaded the government from trying to paint him as some sort of leftist radical. 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. Im not saying that at all, Alsup said. The judge noted that the government could not break the law or violate the Constitution while working on such an agenda: Of course, if he does, it has to comply with the statutory requirements: the Reduction In Force act, the Civil Service Act, the Constitution, maybe other statutes, Alsup said. But it can be done.
