Federal Judge Rules Against Elon Musk’s DOGE Agenda

A federal judge has delivered a significant blow to Elon Musk’s DOGE initiative, deeming the firing of tens of thousands of federal probationary workers as based on a "lie" and an illegal act. Judge William Alsup of San Francisco ordered the immediate reinstatement of these workers.

Background on the Case

Probationary workers, those new to the workforce without advanced benefits and protections, have faced substantial cuts across the government as part of the DOGE and Trump administration’s effort to reduce the federal workforce. The case before Judge Alsup involves litigation brought by union groups representing these workers.

Scope of the Reinstatement Order

The reinstatement order applies to thousands of federal workers fired from various departments, including 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. According to Government Executive, approximately 24,000 employees would regain their jobs as a result of the judge’s decision.

Basis for the Decision

Judge Alsup determined that the government’s firing of the employees was illegitimate because the affected agencies were directed to do so by the Office of Personnel Management (OPM), which does not have the authority to issue such orders. These orders could only be made by the agencies themselves, the judge concluded.

Connection to Elon Musk’s DOGE Initiative

Many of the cuts took place shortly after Musk’s DOGE initiative was announced, and a team of Musk-linked workers took over the OPM. This team included numerous current and former employees of Musk, such as Amanda Scales, 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, engaging in undisclosed work involving these systems. Democratic lawmakers subsequently accused Musk of leading a "hostile takeover" of the agency.

Government Downsizing Initiative

On February 14, Reuters reported that the Trump administration, as part of the government downsizing initiative led by Musk, had begun firing "scores" of government employees, mostly still on probation. An OPM statement at the time claimed the administration was encouraging agencies to use the probationary period as intended, not as an entitlement for permanent employment.

Illegality of the Firings

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 claimed Ezell was not issuing orders but providing "guidance." However, Judge Alsup determined that the OPM had indeed ordered the firings illegally.

Court Findings

"The court finds that the Office of Personnel Management did direct all agencies to terminate probationary employees with the exception of mission-critical employees," Judge Alsup recently stated. This finding directly contradicts the government’s claim that Ezell was merely offering guidance.

Ezell’s Refusal to Testify

The case took a significant turn when Ezell abruptly refused a court order to testify about his role in the firings. Judge Alsup criticized this refusal, stating, "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."

Judge Alsup’s Criticism of the Trump Administration

Judge Alsup, a Clinton appointee, had harsh words for the Trump administration’s conduct, accusing its attorneys of attempting to mislead him. "The government, I believe, has tried to frustrate the judge’s ability to get at the truth of what happened here, and then set forth sham declarations," he said, emphasizing that such tactics are not acceptable in the U.S. District Court.

Court Proceedings

Outlets reported that Judge Alsup became visibly upset with Trump Justice Department lawyers during the hearing, criticizing their approach as a "sham." He expressed his disappointment and frustration with the government’s actions, stating, "It is sad, a sad day. Our government would fire some good employee, and say it was based on performance. When they know good and well, that’s a lie."

Future Directions

Judge Alsup also ordered discovery and deposition in the case to provide greater transparency about the government’s activities. He emphasized that his ruling should not be seen as an obstacle to the administration’s downsizing efforts but rather as a requirement to comply with the law. "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,’" Alsup clarified, noting that any such actions must comply with statutory requirements and the Constitution.