MEHRI & SKALET STANDS WITH FEDERAL WORKERS AND OPPOSES THE WHITE SUPREMACY AND ANTI-WHISTLEBLOWER AGENDAS ROLLED OUT IN THE FIRST FEW WEEKS OF THE NEW ADMINISTRATION
During the first few weeks of his new term in office, President Trump, and those he has empowered to act on his behalf, have made clear that they intend to aggressively implement white supremacy and anti-whistleblower driven agendas. The rollout of questionable and unlawful executive actions implementing these agendas is meant to be the initial wave in the push toward authoritarian rule. Make no mistake, these actions are not those of a new President merely exercising his authority to set a legitimate policy agenda. Rather, this Administration wants total control of our government, and it does not want to resort to passing or repealing laws or regulations, which would take time, and with the Republicans’ slim majority, might not work.
The White Supremacy Agenda. The 2024 campaign showed that white supremacy and its close cousin Christian Nationalism drove the Republican political agenda. Many voters overlooked Republican leadership’s glaringly hate-driven and anti-democratic rhetoric in the hope that promises to curb immigration, control the price of groceries and other essentials, and combat inflation would come true if Trump were elected.
Rather than focus on what Americans need to improve their lives day-to-day, the new Trump Administration is issuing edicts to federal workers to expose anyone who worked on diversity, equity, and inclusion (DEI) programs. The purpose is to root out DEI program employees – even if they now work in other programs – and fire them. Some memos on this topic even threatened adverse consequences if employees failed to report their co-workers. And agencies are spending their time now identifying and closing out programs celebrating Dr. Martin Luther King, Jr. Day and other events celebrating the achievements of women, Asian Americans, Hispanic Americans, people with disabilities, and many others who overcame long odds to contribute and succeed in this country. These are not actions designed to create a color-blind and merit-based federal workforce. These are actions to ensure total control of the federal government – by, and for, a select group.
Trump’s extremist anti-diversity, equity, and inclusion agenda includes attacking LGBTQ+ civil rights. For example, the Administration ordered employees at the U.S. Equal Employment Opportunity Commission to stop investigating any claims that allege sexual orientation or gender identity discrimination in the workplace.
The hate that drives the Administration is so pervasive that Trump recently blamed DEI programs for the tragic plane and helicopter collision in Washington, D.C. that killed 67 people on January 29—a crash that occurred after Trump took over control of the Federal Aviation Administration (FAA) and installed a new Secretary of Transportation, yet another reality TV star-turned politician. Without offering any evidence, Trump claimed that the FAA was “actively recruiting workers who suffer severe intellectual disabilities, psychiatric problems, and other mental and physical conditions under a diversity and inclusion hiring initiative.” At a January 31 press briefing, Press Secretary Karoline Leavitt tried to make the case that DEI has led to unqualified people working in critical aviation positions. Leavitt emphasized her point by hatefully asking when you are flying, “Do you pray that you will arrive safely, or do you pray your pilot has a certain skin color?”
The effort to root out, harass, and fire federal workers because they worked in DEI or related programs likely violates multiple federal laws. It is one thing to make a policy choice to eliminate a program, but it is quite another thing to retaliate against people who were just doing their jobs under a prior administration.
Anti-Whistleblower II. President Trump’s troubling first term in office was riddled with persecution of and retaliation against whistleblowers. Think of the Ukraine call whistleblower, Michael Atkinson, Lt. Col. Alexander Vindman, Ambassador Gordon Sondland, and Ambassador Marie Yovanovitch. Even after leaving office Trump continued to retaliate against whistleblowers. Trump Media fired whistleblower Will Wilkerson who disclosed concerns about the company to the SEC. As documented by the Washington Post, Trump’s tendency to retaliate or seek vengeance against anyone who he thinks may be against him or his agenda often results in threats to the safety of the individuals targeted by his statements.
Trump’s second term in office already finds him retaliating against whistleblowers. The DOJ fired several career prosecutors involved in prosecuting cases against Trump. NBC News quoted a Justice Department official who explained Acting Attorney General James McHenry’s actions as follows: “Today, Acting Attorney General James McHenry terminated the employment of a number of DOJ officials who played a significant role in prosecuting President Trump . . . In light of their actions, the Acting Attorney General does not trust these officials to assist in faithfully implementing the President’s agenda. This action is consistent with the mission of ending the weaponization of government.”
Federal law protects most federal government employees, including the fired prosecutors, against being suspended more than 14 days, reduced in grade or pay, or terminated without due process. At a minimum, the law requires at least 30 days’ written notice of the proposed action and information supporting the action, an opportunity to respond and present evidence rebutting the claimed reasons for the action, and a written decision providing specific reasons for the final decision. 5 U.S.C. § 7513(b). A final decision may be directly appealed to the Merit Systems Protection Board (MSPB). 5 U.S.C. § 7513(d). It is unclear if fired DOJ prosecutors received the required due process protection.
The fired DOJ prosecutors were targeted because they investigated and acted on information concerning possible illegal activities engaged in by President Trump. Their work resulted in indictments and other proceedings before federal courts to address Trump’s alleged crimes.
The DOJ prosecutors’ actions to investigate and disclose information used to indict Trump constitute protected whistleblowing disclosures under federal civil service law. 5 U.S.C. § 2302(b)(8). As whistleblowers, DOJ prosecutors have the right to file complaints of retaliation or violations of other civil service standards directly with the MSPB or the U.S. Office of Special Counsel (OSC). According to the Office of Special Counsel, “OSC’s primary mission is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices (PPPs), especially reprisal for whistleblowing.” OSC is empowered to seek a stay of a termination or other harmful action when it receives complaints challenging the action alleging prohibited personnel practices or other prohibited activities. 5 U.S.C. § 1221(c).
FBI agents have also been targeted for their assigned work supporting the investigations concerning President Trump and investigating rioters who attacked the Capitol on January 6, 2021, to prevent certification of then-President Biden’s election victory. In performing this work, FBI agents disclosed facts to their supervisors and other officials within the DOJ indicating that President Trump and the January 6 rioters engaged in violations of law, abuses of power, and posed specific dangers to public safety.
FBI employees and other specifically exempted federal employees are not protected by civil service law. However, as whistleblowers, FBI employees are protected under DOJ regulations. 28 C.F.R. § 27.1. Retaliation and reprisals for engaging in protected activities are prohibited. 28 C.F.R. § 27.2. FBI employees have a right to contest terminations and other adverse actions taken against them for engaging in protected activities and can file complaints with DOJ’s Office of Professional Responsibility. At the conclusion of the DOJ’s process, an FBI employee, like other civil servants, “may appeal a final determination or corrective action order by the Bureau under those regulations to the Merit Systems Protection Board pursuant to section 1221.” 5 U.S.C. § 2303(d).
Acting Attorney General McHenry and others in the White House who were involved in orchestrating the harassment and terminations of DOJ prosecutors and FBI agents have violated federal law. They should be held accountable. Congress Members Jamie Raskin and Gerald Connolly have filed a formal request with the Acting Attorney General requesting information and responses to several questions by February 11, 2025.
At Mehri & Skalet we stand with the employees at DOJ, EEOC, FBI, EPA, USAID, and other agencies who are resisting and challenging the Administration’s illegal actions. We have a long history of advocating for the rights of employees across many industries in the private sector and those working in government. We are advocates for erasing the impacts of systemic discrimination. We work to empower and support whistleblowers who raise critical concerns about illegality, fraud, waste, and abuses of power. We stand ready to assist those in this moment who find themselves facing tyrannical and unlawful actions.