President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington, D.C. (Photo/Alex Brandon).
A federal judge in Virginia has given the Trump administration and CIA the green light to pluck intelligence workers from offices focused on diversity, equity and inclusion initiatives — falling in line with the president’s axing of DEI policies — after originally agreeing to block their terminations last week with a temporary restraining order.
“Upon consideration of the filings, the record in this case, and oral argument, and for the reasons stated from the bench, it is hereby ordered that the administrative stay, entered on February 18, 2025, is vacated, with Plaintiffs’ deadline to respond to the deferred resignation program (“DRP”) and other employment options, made available to them under the CIA Director’s February 18, 2025 Memorandum, extended to at least to 5:00 p.m. ET on Monday, March 3, 2025,” the Thursday order from U.S. District Judge Anthony J. Trenga said. “Upon consideration of the filings, the record in this case, and oral argument, and for the reasons stated from the bench, it is hereby ordered that the administrative stay, entered on February 18, 2025, is vacated.”
Trenga ruled from the bench, saying he was siding with Trump and CIA Director John Ratcliffe to vacate the TRO based on current laws and regulations in place that give them the authority to fire intelligence employees at will, according to The New York Times.
The judge reportedly said that he would have agreed to keep the TRO in place for the 11 plaintiffs — all intelligence workers who were fired — if the argument would have been centered around basic fairness. The federal employees at risk of being fired work in offices and have roles tasked with overseeing diversity, equity, inclusion and accessibility programs across all intelligence agencies.
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Trenga, a George W. Bush appointee who presides over the Foreign Intelligence Surveillance Court, extended the deadline to Monday, March 3, for workers to resign under a deferred resignation program (“DRP”) and other employment options made available to them that allows them to be paid through Sept. 30. Employees are unable to challenge the firings or transfer to other agencies, per Trenga.
When the judge stayed the firings last week, he said that he was looking for “clarification” as to what agency regulations are involved in the case and the potential harm caused to the plaintiffs if they were to be terminated.
“Upon consideration of the filings, the record in this case, and oral argument, the Court concludes that it would benefit from Defendants’ response to the Motion, including clarification as to what Agency regulations are implicated in this case and the potential irreparable harm to Plaintiff John Does 1-6 and Jane Does 1-5,” Trenga’s Feb. 18 order said. “As the Court awaits full briefing and argument on the Motion, it exercises its powers under the All Writs Act and its inherent powers to manage its docket, to issue an administrative stay.”
After Thursday’s ruling came down, several intelligence workers — including those who filed the suit — gave Assistant U.S. Attorney Dennis Barghaan, who argued Trump’s case, a tongue lashing outside of court.
“You should be ashamed. You should really be ashamed of yourself,” one of the plaintiffs said, according to Politico. “That was really disgusting.”
When Trump issued his Jan. 20 orders ending DEI programs shortly after taking office, he condemned the initiatives and policies as being a corruption of “our institutions” and an attempt to replace “hard work, merit, and equality with a divisive and dangerous preferential hierarchy,” according to one order. Three different directives were handed out targeting diversity, equity, inclusion and accessibility roles.
“The previous administration has embedded deeply unpopular, inflationary, illegal, and radical practices within every agency and office of the Federal Government,” Trump said.
The DEI crusade has sparked multiple lawsuits and at least one other TRO in Maryland, where a federal judge blocked Trump from targeting federal agencies and contractors.
It’s unclear how many intelligence officers will be dismissed by the CIA, with as many as 51 being listed by lawyers for the employees. The plaintiffs suing the Trump administration include six men and five women who worked for the CIA and Director of National Intelligence. They claim in their complaint that they were unlawfully targeted and terminated due to “their assumed beliefs” about DEI policies without cause and notice.
“While intelligence officers lack recourse to the Merit System Protection Board, their own agencies classified internal regulations provide procedures for terminating officers,” the complaint says. “Officers’ basic rights include notice, the development of a record, to consult with counsel, and the opportunities to be heard and to appeal. Plaintiffs have received none of these rights.”
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