A divided federal appeals court ruled on Thursday that President Donald Trump's administration cannot proceed with firing 19 intelligence officers who had been assigned to roles related to diversity, equity, inclusion, and accessibility (DEI) initiatives.
Court upholds injunction for reassignment
The 2-1 panel of the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals upheld an injunction issued last year by a lower-court judge. That order requires the CIA and the Office of the Director of National Intelligence (ODNI) to give the employees an opportunity to seek reassignment to new positions and to appeal their terminations internally.
U.S. Circuit Judge Nicole Berner, writing for the majority, said that among the promises of the U.S. Constitution's Fifth Amendment “is the requirement that no person be deprived of life, liberty, or property, without due process of law.” She added, “This promise of due process has been construed to require federal government agencies to adhere to their own binding regulations.”
Trump executive order targeted DEI programs
Judge Berner stated that CIA Director John Ratcliffe and former Director of National Intelligence Tulsi Gabbard fired the officers to implement an executive order Trump signed shortly after returning to the White House in January 2025. The order aimed to eliminate DEI programs throughout the federal government.
According to the court, the officers were terminated despite binding regulations that require the agencies to allow employees a chance to be reassigned instead of being fired and to pursue internal appeals, as long as they were not being terminated because their access to classified information had been revoked.
Agencies decline comment
The CIA and ODNI did not immediately respond to requests for comment.
The 19 career employees had all been temporarily assigned to roles related to DEI. They were among 58 CIA and ODNI officers who were placed on paid administrative leave because they had been assigned to DEI programs and remain on leave today.
“We’re very grateful for the decision of the court,” said Kevin Carroll, a lawyer for the plaintiffs. “It recognizes that intelligence officers have due process rights under the Fifth Amendment.”
Dissenting opinion
Both judges in the majority were appointed by Democratic presidents. U.S. Circuit Judge Paul Niemeyer, an appointee of Republican President George H.W. Bush, dissented, saying the regulations were “irrelevant” and that the agencies’ directors were given “unfettered discretion” by Congress to terminate employees.
“The preliminary injunction entered in this case is unlawful and should have been promptly vacated,” Niemeyer said. “Now, unfortunately, that can only be done by the Supreme Court, which I can hope will consider this wrongful intrusion, which has far-reaching and unfortunate precedential effects.”
