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
A federal judge on Thursday lifted his block on the Trump administration, letting it fire intelligence community employees whose jobs were focused on diversity, equity and inclusion.
Judge Anthony Trenga refused a temporary restraining order and a preliminary injunction, but acknowledged the workers caught in the firings were in a “difficult situation.”
“They had the misfortune of being last assigned to a DEI program,” he said, according to NBC.
He did give the employees until Monday to apply for the Trump administration’s federal employee buyout program.
The employees, who were allowed to proceed in the case anonymously because of their clandestine work, said they were temporarily assigned to DEI jobs at the CIA and Office of the Director of National Intelligence.
They said they were being unfairly punished because of where they were when President Trump took office.
They said they were well-regarded, had been given awards for their past work and often had plans to move to other jobs — all of which they said were upended by Mr. Trump’s Jan. 20 executive order directing agencies to terminate all DEI positions they could under the law.
The plaintiffs said they were quickly put on administrative leave, then this month were given summonses to report to the visitors’ centers of their agencies, which they took to mean they were about to be fired or placed on leave without pay.
Judge Trenga last week issued a stay preventing their firing before lifting it.
The employees acknowledged that intelligence community employees may not have the full civil service protection of other government employees. But they said some guardrails are still in place, and they argued the Trump administration ignored those.
Government lawyers said the intelligence agency chiefs do have absolute power to terminate employment under at least one section of law.
The Justice Department said employees can challenge their firings later, but courts shouldn’t step in and order the employees to remain on the books while their cases are proceeding. Otherwise every federal employee facing firing would run to a federal judge to try to block it.
The case has produced some curious fireworks.
One of the plaintiffs, identified as “Ms. Doe 12” and the DEI chief for the ODNI, indicated to the court through her lawyer that she wanted to speak to the press. The lawyer said an administration press official “cosplaying” as a clandestine officer shut that request down.
In another court filing, Jane Doe 12 said she is a Latina over 40 years of age and “a member of three protected classes.”
She said she already interviewed for another job as assistant director of economic security and engineering and heard she would have gotten the position but for having been placed on leave.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.