The Trump administration said that "radical judges" will "soon learn that denying" President Donald Trump his "constitutionally granted authorities is a gross infringement of the law and will not stand on appeal" after a Bush-appointed judge blocked the administration from firing intelligence agency employees tied to DEI programs.
U.S. District Judge Anthony Trenga, a President George W. Bush appointee in Virginia, issued the preliminary injunction on Monday ahead of a 5 p.m. deadline issued by CIA Director John Ratcliffe for the agents to resign or be fired, allowing them to appeal and stay on the federal payroll.
The injunction was part of a lawsuit filed by more than a dozen intelligence agents from the CIA and the Office of the Director of National Intelligence who were found to be involved in, or working on, DEI programs in the department.
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"The plaintiffs face termination without any suggestion of wrongdoing or poor performance," Trenga said after the ruling, according to Politico. "Simply requiring the government to follow its regulations is a minimal burden."
The employees, who were abruptly placed on administrative leave in January, were facing termination as part of the Trump administration's effort, supported by Elon Musk, to eliminate DEI-related programs and initiate a large-scale government overhaul. Musk also visited the CIA headquarters on Tuesday to discuss his government efficiency program.
"These radical judges will soon learn that denying the Chief Executive his constitutionally granted authorities is a gross infringement of the law and will not stand on appeal," Trump administration spokesperson Harrison Fields told Fox News Digital.
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"Ending the bigotry of DEI and ensuring the federal government runs efficiently might be a crime to Democrats, but it's in line with the law," he said.
The 19 employees, who are unnamed, contended in their lawsuit last month that their roles in the DEI programs were "temporary assignments" and that they also had other responsibilities as intelligence officers. The lawsuit also states that "poor performance" wasn't a factor in their dismissal.
The "imminent termination is therefore arbitrary, capricious, an abuse of discretion," the lawsuit charges.
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Trenga's written order also said the Trump administration must consider employees' "request for reassignment for open or available positions, in accordance with their qualifications and skills." The administration can still fire the employees but first has to present a "report" on the employees' appeals or reassignments to the judge.
This injunction adds to a stack of injunctions and temporary restraining orders placed on several of President Donald Trump's executive orders.
Trump issued an executive order last month penalizing law firm Perkins Coie for its representation of Hillary Clinton and its DEI policies by targeting the firm's government contracts and limiting access to federal facilities. Over 300 law professors and legal groups, including the ACLU and Cato Institute, filed briefs supporting Perkins Coie. In February, a federal judge issued a preliminary injunction blocking key provisions of President Trump's executive orders aimed at banning DEI programs on university campuses.
Colorado Attorney General Phil Weiser lobbed at least 13 lawsuits against Trump administration policies related to DEI, including the Health and Human Services' (HHS) termination of public health grants, and moves to defund the Consumer Financial Protection Bureau.
