Judge refuses to block CIA firing workers on diversity, equity and inclusion initiatives
A judge refused Thursday to block the firing of 11 workers at the CIA and the Office of the Director of National Intelligence who served in offices on diversity, equity and inclusion initiatives, which President Donald Trump ordered to end.
U.S. District Judge Anthony Trenga in Virginia refused to grant a preliminary injunction that would have prevented the firings while the case was argued. He extended a deadline to Monday for workers to resign under a program that would continue to pay them through Sept. 30.
Trump's three DEI orders aimed to end preferential treatment in hiring, spending and the military, with decisions based on merit. The order rippled across private companies, too, which have begun changing their DEI programs.
"The injection of 'diversity, equity, and inclusion' into our institutions has corrupted them by replacing hard work, merit, and equality with a divisive and dangerous preferential hierarchy," one of Trump's orders said.
But Trump's orders sparked several lawsuits over allegations the order violated the free speech of federal workers and contractors. A federal judge in Maryland temporarily blocked the order from applying to federal agencies and contractors. Civil rights groups and a teachers union are also fighting the order in separate lawsuits in California and Maryland.
The six men and five women who worked at the CIA and the Director of National Intelligence’s office filed the lawsuit arguing they were placed on administrative leave despite a lack of alleged misconduct. Another 10 intelligence workers joined the lawsuit after it was filed, from among 51 assigned to DEI programs who were placed on administrative leave after Trump's orders.
As intelligence staffers, unlike other government employees, these workers have no option to appeal to the Merit Systems Protection Board.
The intelligence workers argued that the government sought to fire them for “their assumed beliefs” about diversity, equity and inclusion, in violation of the First Amendment’s right to freedom of expression and Fifth Amendment’s right to not incriminate themselves.
The workers' "imminent termination is therefore arbitrary, capricious, an abuse of discretion, not in accordance with (intelligence community) regulations, and unsupported by any evidentiary record whatsoever," the lawsuit said.
Government lawyers argued the intelligence workers aren't protected by the Administrative Procedure Act because of the nature of their jobs. CIA and DNI officials are granted wide latitude to fire workers at those agencies, the lawyers argued.
CIA Director John Ratcliffe, a former director of National Intelligence, said in a Feb. 18 memo announcing the ousters he may fire more employees.
"Notwithstanding the provisions of any other law, the Director of the Central Intelligence Agency may, in the discretion of the Director, terminate the employment of any officer or employee of the Central Intelligence Agency whenever the Director deems the termination of employment of such officer or employee necessary or advisable in the interests of the United States," government lawyers wrote in one filing.
The workers remain on administrative leave while the case is argued.
Kevin Carroll, one of the lawyers for intelligence workers, said one of his clients asked the judge for permission to speak to reporters about her case after the request was denied by an intelligence office.