In a new complaint, three former Justice Department workers who were let go during the Trump administration’s politicization of the department have retaliated, claiming that their termination was illegal and that it violated their regular civil service rights.
They argued that the Trump administration ignored the normal protections for civil servants that forbid arbitrary firings, among them a federal attorney who received frequent distinctions for his work prosecuting rioters who stormed the Capitol on Jan. 6, 2021.
The paralysis at the Merit Systems Protection Board is the basis for the case, which was filed in Washington on Thursday. The board has the authority to reinstate employees who were wrongfully fired and usually decides cases involving wrongful terminations. However, President Trump dismissed its Democratic chairwoman, Cathy Harris, in February, depriving the historically bipartisan board of a quorum and therefore shutting down the main platform for public servants to advocate for themselves.
According to the lawsuit, claimants would normally have the option to seek redress through the Merit Systems Protection Board. Nevertheless, any complaint made to the M.S.P.B. will be ineffective due to the government’s own activities.
Employees who have been fired are entitled to appeal their dismissal to the board and subsequently to a federal appeals court under federal law.
However, the complaint claims that the M.S.P.B. is currently unable to operate as intended because of the government’s own actions to obstruct the board.
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