Appeals court blocks Trump order to fire 19 intelligence officers assigned to DEI programs

Appeals court blocks Trump order to fire 19 intelligence officers assigned to DEI programs The 19 career employees, all temporarily assigned to DEI roles, are part of a larger group of 58 CIA and ODNI officers who were placed on paid administrative leave due to their involvement in such programs and remain on leave today - Bookmark - CommentsGo to comments A federal appeals court has blocked the Trump administration from proceeding with the termination of 19 intelligence officers assigned to diversity, equity, inclusion, and accessibility (DEIA) initiatives. The divided court upheld a lower-court injunction, marking a significant legal challenge to efforts to dismantle DEIA programs within federal agencies. A 2-1 panel of the 4th U.S. Circuit Court of Appeals, based in Richmond, Virginia, affirmed an injunction issued last year. This ruling mandates that the CIA and the Office of the Director of National Intelligence (ODNI) must offer the officers opportunities for reassignment to new positions and allow them to pursue internal appeals regarding their terminations. U.S. Circuit Judge Nicole Berner, writing for the majority, underscored the Fifth Amendment's due process clause, stating that "no person be deprived of life, liberty, or property, without due process of law." She added that "This promise of due process has been construed to require federal government agencies to adhere to their own binding regulations." Judge Berner stated that CIA Director John Ratcliffe and former Director of National Intelligence Tulsi Gabbard had fired the officers to implement an executive order Donald Trump signed shortly after returning to the White House in January 2025. This order aimed to eliminate DEI programs across the federal government. The terminations occurred despite binding regulations requiring agencies to offer reassignment and internal appeals, unless an employee's access to classified information had been revoked, which was not the case here. The 19 career employees, all temporarily assigned to DEI roles, are part of a larger group of 58 CIA and ODNI officers who were placed on paid administrative leave due to their involvement in such programs and remain on leave today. The CIA and ODNI did not immediately respond to requests for comment. Kevin Carroll, a lawyer for the plaintiffs, welcomed the decision. "We’re very grateful for the decision of the court," he said. "It recognizes that intelligence officers have due process rights under the Fifth Amendment." The majority judges were appointed by Democratic presidents. In dissent, U.S. Circuit Judge Paul Niemeyer, an appointee of Republican President George H.W. Bush, argued that the regulations were "irrelevant" and that Congress granted agency directors "unfettered discretion" to terminate employees. Niemeyer stated, "The preliminary injunction entered in this case is unlawful and should have been promptly vacated," expressing hope that the Supreme Court would consider this "wrongful intrusion, which has far-reaching and unfortunate precedential effects." Join our commenting forum Join thought-provoking conversations, follow other Independent readers and see their replies Comments