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Ousted Inspectors General File Lawsuit for Reinstatement
In a significant legal move, eight inspectors general dismissed by President Donald Trump are seeking court intervention to recover their positions. The officials argue that their dismissals were illegal, claiming the administration failed to notify Congress 30 days in advance, a requirement under federal law.
The lawsuit, filed on Wednesday, emphasizes the absence of appropriate explanations for their removals, contending that such actions undermine the integrity of the inspector general community. These officials also assert their right to reclaim positions within the Senior Executive Service (SES), provided their exit was not due to misconduct or neglect.
The inspectors general represented in this legal challenge were associated with various federal departments, including Defense, Veterans Affairs, Health and Human Services, State, Agriculture, Education, Labor, and the Small Business Administration. Their attorneys stated, “Plaintiffs’ purported removals have sent shockwaves and a massive chilling effect through the IG community.” The filing further posits that the dismissals have sent a clear message that impartiality and transparency in reporting will not be respected, potentially intimidating future whistleblowers within the Office of Inspector General (OIG).
The firings transpired only days into Trump’s second term, with preliminary reports suggesting up to 17 inspectors general could be removed. The current lawsuit estimates that nearly 20 officials were ousted.
Typically, while political appointees undergo changes during a presidential transition, inspectors general hold their positions regardless of the ruling party, highlighting the unusual nature of this incident.
Trump has defended the firings, suggesting that there were varied opinions regarding the fairness of these actions and maintaining that it is standard procedure to remove certain officials during a transition.
In another related action, the inspector general for the U.S. Agency for International Development was reportedly dismissed shortly after releasing a memo. The memo indicated that Trump’s initiatives to downsize the agency have compromised the federal government’s ability to detect fraud and malpractice in international aid.
Impact on the Merit Systems Protection Board
Additionally, Cathy Harris, a removed member of the Merit Systems Protection Board (MSPB), has filed a lawsuit seeking a temporary restraining order to prevent her dismissal. The hearing for this case is set for Thursday.
Harris was dismissed by Trump despite being a confirmed Democratic member of the MSPB, serving a term that was scheduled to conclude in 2028. Her removal creates a situation where only one Democrat and one Republican remain on the three-member board, still sufficient for quorums to address federal employee appeals concerning dismissals and other disciplinary measures.
The lawsuit contends that the protections afforded to the civil service are currently more crucial than ever, stating, “The MSPB’s ability to protect the civil service is needed now more than ever.” Harris’s legal representation articulates concerns over the increasing number of federal employees being put on administrative leave, which risks eroding their due process and civil service protections.
In her lawsuit, Harris contends that her removal was improper since the president’s authority to remove MSPB members is limited to cases of “inefficiency, neglect of duty or malfeasance in office.” She reported receiving a brief email stating her position was terminated immediately without further detail.
Special Counsel Hampton Dellinger faced a similar fate, receiving a near-identical termination notice. However, a federal judge has mandated his reinstatement at least until Thursday. Following his dismissal, Dellinger submitted a complaint related to the Hatch Act against a former Federal Emergency Management Agency employee, alleging improper directives during a hurricane response.
Additionally, reports indicate that Susan Tsui Grundmann was recently ousted as chair of the Federal Labor Relations Authority (FLRA), which oversees labor relations within the federal sector. Trump has appointed Republican member Colleen Kiko to chair the agency moving forward.
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