Rachel Maddow finally got her hands on the transcript of the U.S. District Court of California’s hearing with the Trump administration following its decision to fire thousands of federal workers. The MSNBC anchor excitedly laid out all the details of what went down in a full-blown reenactment.
“It never seemed like that was legal that the White House would have the authority to make those kinds of mass firings,” Maddow said Thursday during her broadcast. “I just got the transcript of what happened there … I really want to share this with you. Alright, so, let me set the scene.”
On Thursday, Judge James Bredar issued a sweeping order to rehire all probationary workers that were terminated last month as part of Trump’s move to reduce the number of federal staffers. Maddow first started as the lawyer who sued the Trump administration on behalf of fired federal workers.
“Your honor, what we have before the court is record evidence that conclusively establishes that OPM directed the terminations at issue. We have a very unusual circumstance where the Government has not attempted to say they factually dispute that,” Maddow read from the transcript. “They have actually withdrawn the declaration by which they were attempting to dispute that, and there is no record evidence on the other side by which they have disputed this fact.”
She then goes into her Bredar impression, who is now the second judge to order the reinstatement of federal workers.
“I tend to agree with you on that. And the Government I believe has tried to frustrate the Judge’s ability to get at the truth of what happened here. And then set forth sham declaration to sham declaration. They withdrew it, then substituted another,” Maddow said quoting Bredar. “That’s not the way it works in the U.S. District Court. I’m going to talk to the Government about that in a minute. I had expected to have an evidentiary hearing today in which these people would testify. And if they wanted to get your people on the stand, I was going to make that happen too. It would be fair. But instead, we have been frustrated in that. I’d like to hear your views on what relief should be issued today. T-O-D-A-Y.”
Taking a break from her performance, Maddow explained the excuse Trump’s legal team gave for the mass firings was that “nobody wanted them.”
“All of these other agencies … virtually all of them decided not to bring back the probationary employees that their leadership had decided to terminate,” Maddow read from the transcript quoting Trump’s lawyer.
Things heated up when Bredar called out Trump’s lawyer for failing to bring in members from Trump’s camp to be questioned about their decision before the court, adding that they have been avoiding it because that would mean they would have to face the truth, and maybe some consequences.
“Well, maybe that’s why we need an injunction that tells them rehire them. You will not bring the people in here to be cross-examined. You are afraid to do so because you know cross-examination would reveal the truth,” Maddow said as Bredar, replaying the moment. “This is the U.S. District Court, whenever you submit declarations, those people should be submitted to cross-examination, just like the plaintiffs’ side should be. Then we get at the truth of whether your story is actually true. I tend to doubt it. I tend to doubt that you are telling me the truth whenever we hear all the evidence eventually. Why can’t you bring your people in to be cross-examined or deposed at their convenience?”
Bredar then specifically pointed out the lack of attendance by U.S. Office of Personnel Management (OPM) Director, Charles Ezell. The judge said he requested a two-hour deposition with the official “at his convenience.”
“And you withdrew his declaration rather than do that? Come on, that’s a sham,” Maddow said quoting Bredar to Trump’s lawyer. “Go ahead, I’m, I’m — it upsets me. I want you to know that. I’ve been practicing or serving in this court for over 50 years and I know how we get at the truth, and you are not helping me get at the truth. You are giving me press releases, sham documents. All right, I’m getting mad at you and I shouldn’t.”
Instead of waiting to write out a ruling, he issued one that day, and called the entire attempt to remove probationary staffers from their positions a “gimmick.”
“It is a sad day when our Government would fire some good employee and say it was based on performance when they know good and well that’s a lie,” the judge said referring to one “stellar” employee that was terminated. “It was a sham order to try to avoid statutory requirements.”
And ultimately, the judge ruled: “The court finds that OPM did direct all the agencies to terminate probationary employees. The court rejects the government’s attempt to use these press releases and to read between the lines to say that the agency heads made their own decision with direction from OPM.”
“This is the order and it counts effective immediately. Please don’t say ‘Oh, I’m waiting for the written order.’ This is the order from the bench.” Maddow quoted Bredar as he closed his ruling. “If you want to appeal to the Court of Appeals, God bless you. I want you to because I’m tried of seeing you stonewall at trying to get at the truth.”
In addition, a temporary restraining for the employees was extended, the Veterans Administration will immediately offer reinstatement to any and all probationary employees that were fired on the order. Bredar found the terminations to be unlawful because Ezell did not have an authority to make the order, among other directives. The workers now have their jobs back and OPM is now further prohibited from giving guidance on whether any employee should be terminated.
You can watch the full segment in the video above.
