Legal experts laugh at DOJ lawyer's 'next-level stupid' fail in court before top judge

Legal analysts were shocked to see Judge William Alsup grow increasingly angry when facing Justice Department lawyers attempting to justify the mass firings of employees in their probationary period.

A "probationary employee" does not mean they're on probation for doing something wrong. President Donald Trump's administration removed any new employees who remained on probation. The length of time for probationary employees varies by department, but all probationary employees lack the same legal protections as civil servants.

Last month, some fired probationary employees said they were fired for "performance" issues, despite previously having "exceptional" reviews. Full civil service protections don't typically kick in until after two years in the position, Business Insider reported last month.

Speaking out about the matter, legal analysts were shocked to see a judge so angry that he told the government it was lying about the firings.

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Slate's courts and legal reporter Mark Joseph Stern typed up the entirety of Alsup's dressing down of the DOJ.

"This decision is important, but it is a temporary win. Agencies have a lot of discretion in deciding WHY to pursue a RIF. The procedures are complicated, but I expect many of the soon-to-come removals will hold up at the MSPB and in federal court," Associate Professor of Law Nick Bednar wrote on BlueSky.

Lawfare's Anna Bower also pointed out on X, "Judge Alsup additionally extends the order to offer reinstatement to *five* other agencies: USDA, Department of Defense, Department of Energy, Department of Interior, and Department of Treasury."

Aaron Reichlin-Melnick, a senior fellow at the Immigration Council, debated a MAGA employee of the pro-Trump legal organization who claimed the ruling would fail on appeal.

"You underestimate the extent to which Judge Alsup is viewed with enormous respect by the rest of the judiciary, and also the extent to which the government's efforts to hide the ball and openly mislead the court will hurt them on appeal," said Reichlin-Melnick.

Other MAGA fans attacked the judge for being from California and recalled that he stopped Trump's attempt to bring down Deferred Action for Childhood Arrivals (DACA). The U.S. Supreme Court ultimately upheld that decision by refusing to hear the case.

The 501(c)(3) law firm, National Security Counselors, "The highlight of my day was when Judge Alsup responded to the DOJ lawyer talking about the administrative record, 'I have some thoughts on administrative records, would you like to hear them?'"

The account noted that while the DOJ lawyer did not want to hear them, he messaged a friend exclaiming, "I WOULD LIKE TO HEAR THEM." Indeed Judge Alsup told them anyway.

One litigator pointed out that the DOJ really pulled the short straw in judges.

"The DOJ’s stunts with the Ezell declaration would piss off most federal judges. But as anyone who regularly practices in ND Cal knows, trying to pull that s--- with Judge Alsup was next-level stupid. Cannot think of a worse draw for someone trying to bulls--- the court," he said.