A federal judge may impose sanctions on the Trump administration this week following the Department of Justice’s decision not to provide a top administration official for sworn testimony. The DOJ informed U.S. District Judge Charles Alsup on Tuesday evening that they would not make acting head of the Office of Personnel Management (OPM), Charles Ezell, available for questioning. Judge Alsup had requested Ezell to testify on Thursday regarding the mass dismissal of probationary employees, but the DOJ declined to produce him for testimony.
The DOJ’s refusal to allow Ezell to testify also led to the withdrawal of his sworn affidavit, a move that Judge Alsup indicated could significantly weaken the administration’s case. The dispute revolves around the legality of terminating thousands of probationary employees, with a group of federal unions accusing Ezell of providing false information in his declaration. Judge Alsup had ordered Ezell to testify in person and under oath in San Francisco after the unions alleged that Ezell had lied about not ordering the terminations based on performance or misconduct.
Despite the administration’s arguments against the testimony, Judge Alsup denied their request to cancel the hearing, expressing concern over Ezell’s refusal to be cross-examined or deposed. The plaintiffs claim that Ezell instructed federal agencies to dismiss employees and inaccurately attribute the terminations to performance issues. Ezell, in his sworn statement, denied directing the terminations based on performance, asserting that OPM only provided guidance to agencies on employing probationary workers. However, the groups challenging the terminations maintain that Ezell’s statement was false, a view that Judge Alsup seemed to support during a previous court hearing.
The ongoing legal battle raises questions about the sudden and widespread termination of federal employees, prompting skepticism from Judge Alsup regarding the administration’s actions. He expressed disbelief at the abrupt removal of a significant portion of the workforce and questioned the legitimacy of agencies independently implementing such drastic measures.
The evidence suggests that the mass firings were carried out under the direction of OPM as indicated in the telephone call. The Trump administration is facing growing criticism regarding the Department of Government Efficiency’s involvement in downsizing the federal government. President Trump recently instructed agency heads to oversee the reductions within their departments, rather than relying on Elon Musk or DOGE. Despite this, DOJ attorneys have refused to allow OPM’s acting director to testify about the mass firings.
