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Congress

Judge extends order barring mass firings of federal workers during shutdown

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A federal judge has indefinitely extended her order banning the Trump administration from mass firing federal employees during the government shutdown.

Following a hearing Tuesday, U.S. District Judge Susan Illston granted a preliminary injunction blocking reductions in force — better known as RIFs — at most major government agencies.

Barring further action by a higher court, Illston’s decision limits the Trump administration’s ability to continue downsizing the federal government and moves it has made to leverage the ongoing shutdown to cut federal programs and agencies favored by Democrats.

The Office of Personnel Management, the Office of Management and Budget “and the federal agency defendants are enjoined from issuing any more RIF notices because of the shutdown,” said Illston, a San Francisco-based Clinton appointee. The judge also barred the administration from implementing RIF notices issued during the shutdown and said she might hold further court proceedings to resolve disputes about some RIFs that were in the works just before the shutdown began on Oct. 1.

The Trump administration is expected to appeal Illston’s ruling to the 9th Circuit Court of Appeals. A Justice Department spokesperson declined to comment. OMB spokespeople did not immediately respond to a request for comment.

A Justice Department attorney defending the administration at the hearing Tuesday, Michael Velchik, said the firings were lawful and represented the will of the electorate expressed through President Donald Trump’s victory at the polls last year.

“The American people selected someone known above all else for his eloquence in communicating to employees that, ‘You’re fired!’” Velchik said, referring to Trump’s trademark line on his television show, “The Apprentice.”

However, Illston bluntly rejected the administration’s key arguments, including that the lapse in appropriations gave agencies new flexibility to fire workers because unfunded programs are no longer required by law.

“I think that’s completely wrong,” the judge said.

Velchik was undeterred. “I think that’s obviously correct. I think all three branches of government agree on that,” he said.

A lawyer representing the federal employee unions challenging the RIFs said that argument suggests Trump could permanently dismantle every federal agency simply because Congress failed to meet a funding deadline.

“What counsel is arguing is that if Congress lets funding lapse for one day, the president can fire the entire federal government. That is absurd,” the unions’ attorney, Danielle Leonard, said.

On Monday, one of the unions suing, AFGE, shifted its position in the shutdown fight. While it initially joined with other federal employee unions backing Democrats’ resistance to supporting a temporary funding bill, AFGE urged senators to support a three-week funding patch. It fell short in the Senate again Tuesday in a 54-45 vote.

Illston made clear at the outset of the hearing that she intended to issue an injunction that effectively extends a temporary restraining order she issued two weeks ago at the unions’ request. She called it “particularly ironic” that the federal employees sending out the RIF notices appeared to be violating the Anti-Deficiency Act, which prohibits the government from incurring expenses not authorized by Congress, but includes some exceptions for essential activities.

The judge also said she found some accounts from federal RIFed employees “very affecting.”

“I think it’s important that we remember that although we are here talking about statutes and administrative procedure and the like, we are also talking about human lives, and these human lives are being dramatically affected by the activities that we’re discussing this morning,” Illston said.

As an example, she cited an account by a RIFed Department of Housing and Urban Development employee who in a court filing on Oct. 21 wrote that she had never gone through anything as traumatizing as the current experience, including her combat deployment when she was in the Air Force.

The judge also mentioned another account filed in court on Oct. 21 from a RIFed IT specialist at the Centers for Disease Control and Prevention who has been working for the federal government for more than 40 years.

“After 40 years of service, she’s eligible for retirement, but no one at Human Resources can answer her questions about the RIF notice or retiring, because most, if not all, of the HR staff have also been RIFed,” Illston said about the woman. “This is her second RIF notice. She got one earlier in April that was later rescinded.”

That was part of a spring round of RIFs at the Department of Health and Human Services. Health Secretary Robert F. Kennedy Jr. said at the time that he sought to downsize the department by about a quarter, to about 62,000 employees.

Office of Management and Budget Director Russ Vought said earlier this month that he expected the total number of employees fired in connection with the shutdown would “probably end up being north of 10,000.”

Those plans appear to have been scaled back since then, partly due to resistance from other high-level officials in the Trump administration. Trump has said the firings and program terminations are aimed at getting Democrats to cry uncle in the budget fight by targeting constituencies and causes important to them.

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Congress

Johnson-backed plan to combine Pentagon and election bills advances to floor

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The House Rules Committee advanced a procedural measure aimed at breaking an intra-Republican deadlock Monday night. But GOP leaders are still facing a major battle Tuesday to regain control of the House floor.

The panel approved on party lines a measure to set up Republicans’ $1.1 trillion defense policy bill, a government funding bill and other GOP bills for floor debate. It would then combine the Pentagon bill, once passed, with the contentious elections overhaul known as the SAVE America Act and send it to the Senate as one piece of legislation.

That maneuver, telegraphed by Speaker Mike Johnson earlier Monday, is aimed at appeasing House GOP hard-liners who have blockaded the floor, demanding the Senate pass the elections bill that has languished there for months.

However, Rep. Anna Paulina Luna of Florida, the Republican leading the blockade, said in an interview Monday before the Rules Committee acted that Johnson’s plan is not sufficient — raising the possibility she and allies could vote down the measure on the floor. Other House GOP hard-liners say there are other outstanding issues to battle over Tuesday.

Rep. James McGovern of Massachusetts, the top Rules Democrat, called the merger move “a big waste of time.” The panel voted down a motion by McGovern to remove the provision to combine the two bills in a party-line vote.

The Senate is set to debate its own version of the defense bill next month, and it is likely that the elections overhaul will be removed in negotiations between the two chambers — as McGovern acknowledged Monday and House GOP leaders privately concede.

“The Senate will just strip the SAVE Act out,” he said at the meeting. “There is a zero percent chance SAVE ends up in the [Pentagon bill] because of this rule today.”

The defense bill faces a tight vote if Republicans can pass the procedural measure. Most Democrats are expected to oppose the measure over its massive price tag, which they contend is wasteful.

The panel is set up debate on 312 amendments to the bill. The slate includes GOP measures to codify a Trump executive order to block transgender people from serving in the military, prohibit coverage of gender-affirming care, block aid to arm Ukraine and strip Democratic-backed protections for collective bargaining for Pentagon civilian workers.

The committee also voted down Democratic proposals to slash $150 billion from the bill’s topline and limit the war against Iran.

Mia McCarthy contributed to this report.

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Pentagon and elections bills could be combined in bid to unfreeze House floor

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Speaker Mike Johnson said Monday he plans to deploy an unusual procedural maneuver in a bid to unfreeze the House floor this week, seeking to send the annual Pentagon policy bill and the GOP elections bill known as the SAVE America Act to the Senate in a single package.

That is likely a recipe for a continued standoff between the two chambers over the SAVE America Act, which has stalled in the Senate for months due to internal GOP divides. Under Johnson’s plan, the annual defense policy bill, which typically passes every year with large bipartisan majorities, could become a collateral victim of the impasse.

Asked in brief interview if he had talked to Senate Majority Leader John Thune about his plans, Johnson replied, “I have to do my job in the House, and they’ve got to do their job in the Senate, so we’ll see what happens.”

Johnson is seeking to placate House conservative hard-liners, led by Florida Rep. Anna Paulina Luna, who have threatened to oppose the procedural measures that give Republicans control of the floor unless they agree to tougher tactics meant to force the Senate into passing the elections bill.

House GOP leaders discussed the plan to merge the two bills over the weekend as Luna pushed to amend the defense bill directly.

She did not say in an interview Monday whether Johnson’s gambit would suffice: “We want it baked together, not able to be stripped out,” she said.

But the Senate is free to work its own will, and members of that chamber are likely to reject any defense bill that has the partisan elections bill attached. That would set the stage for GOP leaders to strip it out when the House and Senate hash out the differences between their competing Pentagon bills later this year.

Johnson, meanwhile, is pushing a separate plan to pass a slimmed-down version of the SAVE America Act through the party-line budget reconciliation process — an option hard-liners have all but rejected.

“I don’t think that that can be done,” Luna told reporters Monday.

He’s also facing another complication: The version of the SAVE America Act he is proposing to attach to the Pentagon bill doesn’t include the latest demands for the bill from President Donald Trump — including a near-total ban on mail voting that is opposed by many Republicans.

Jennifer Scholtes contributed to this report.

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Top Trump officials face bipartisan questions in first all-member Iran briefings

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Lawmakers of both parties questioned Secretary of State Marco Rubio and top Middle East envoy Steve Witkoff Monday in the first broad congressional briefings on President Donald Trump’s Iran deal.

While Democrats asked some of the sharpest questions, participants in an afternoon conference call with House members said, Rep. Darrell Issa (R-Calif.) at one point pressed the administration officials on the fate of Iran’s stockpile of near-bomb-grade uranium.

According to two people granted anonymity to disclose the private remarks, Witkoff and Rubio repeated assurances the administration has privately made to select lawmakers in prior briefings — that the goal is to negotiate a final deal that would prohibit Iran from keeping its highly enriched uranium.

The memorandum of understanding Trump signed earlier this month, they said, was meant to launch those negotiations. Witkoff, the people said, added that the technical team involved in that part of the talks was traveling from Switzerland to Qatar, where talks between the U.S. and Iran are set to happen Tuesday.

Democrats, meanwhile, pushed the administration for more details on what financial benefits Iran could reap under the memorandum — including proceeds from previously sanctioned oil sales.

Rep. Debbie Wasserman Schultz (D-Fla.) went back and forth with Rubio and Witkoff over the lifting of the oil sanctions, two other people granted anonymity on the House call said. The officials eventually cut off the conversation and ended the call.

At another point, Rep. Madeleine Dean (D-Pa.) raised concerns about Witkoff’s business interests in the Middle East as he’s negotiating with Iran, prompting a sharp defense from Rubio, those people said.

Senate Minority Leader Chuck Schumer asked Rubio and Witkoff about the oil sanctions during a separate all-senators call Monday, saying in a statement afterward that they “confirmed to me that Iran will reap billions in oil revenue while retaining dangerous leverage over the Strait of Hormuz.”

“If this is the administration’s defense behind closed doors, Secretary Rubio should make it under oath, in public, before the Foreign Relations Committee,” Schumer added, calling the briefing “delayed, deficient, and devoid of details.”

An administration official granted anonymity to speak candidly countered on Schumer’s characterization, noting that he had previously gotten a briefing of the deal as part of a group of top leaders engaged on national security matters. Schumer, the official said, had the opportunity to ask multiple follow-up questions on the Senate call.

A separate group of White House officials briefed top congressional leaders and key committee chairs in a classified briefing in the Capitol later Monday.

The administration has faced bipartisan skepticism over multiple provisions of the memorandum of understanding — particularly the lifting of oil sanctions and a $300 billion reconstruction fund that many Senate Republicans fear will help fuel Iran’s military and regional proxies.

Rubio and Witkoff sought to ease concerns about the slow reopening of the Strait of Hormuz — the critical trade route whose closure has sparked higher fuel and fertilizer costs. Both officials said more mine removal is required, and Witkoff indicated that Iran broke the terms of the Trump-signed deal by launching a drone attack on a passing ship over the weekend.

They also sought to assure lawmakers that Iran has received no money under the memorandum — especially not directly from American sources. Administration officials have previously pledged in smaller briefings that the reconstruction fund won’t include U.S. funds.

Sen. Steve Daines (R-Mont.) called the Senate briefing a “productive conversation” but said “much of what I heard today is similar to what I heard last week” during a dinner at Vice President JD Vance’s residence.

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