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Judge says Education Dept. partisan out-of-office emails violated First Amendment

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Judge says Education Dept. partisan out-of-office emails violated First Amendment

The Washington headquarters of the Department of Education on March 12. A federal judge ruled that the Trump administration violated the First Amendment rights of Education Department employees when it replaced their personalized out-of-office notifications with partisan language.

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A federal judge ruled that the Trump administration violated the First Amendment rights of Education Department employees when it replaced their personalized out-of-office e-mail notifications with partisan language blaming Democrats for the government shutdown.

“When government employees enter public service, they do not sign away their First Amendment rights,” U.S. District Judge Christopher Cooper wrote in his decision on Friday, “and they certainly do not sign up to be a billboard for any given administration’s partisan views.”

The lawsuit was brought by the American Federation of Government Employees (AFGE).

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“This ridiculous ploy by the Trump administration was a clear violation of the First Amendment rights of the workers at the Education Department,” said Rachel Gittleman, the president of AFGE Local 252, which represents many Education Department workers, in a statement. She added it is “one of the many ways the Department’s leadership has threatened, harassed and demoralized these hardworking public servants in the last 10 months.”

Cooper ordered the department to restore union members’ personalized out-of-office email notices immediately. If that could not be done, he warned, then the department would be required to remove the partisan language from all employees’ accounts, union member or not.

According to court records, in the run-up to the government shutdown, Education Department employees were told to create an out-of-office message for their government email accounts to be used while workers were furloughed. The department even gave employees boilerplate language they could adapt that simply said:

“We are unable to respond to your request due to a lapse in appropriations for the Department of Education. We will respond to your request when appropriations are enacted. Thank you.”

But, on the shutdown’s first day, the department’s deputy chief of staff for operations overrode staffers’ personal messages and replaced them with this partisan autoreply:

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“Thank you for contacting me. On September 19, 2025, the House of Representatives passed H.R. 5371, a clean continuing resolution. Unfortunately, Democrat Senators are blocking passage of H.R. 5371 in the Senate which has led to a lapse in appropriations. Due to the lapse in appropriations I am currently in furlough status. I will respond to emails once government functions resume.”

While the message was written in the first person, multiple employees told NPR they did not write it and were not told it would replace the out-of-office messages they had written.

At the time, Madi Biedermann, deputy assistant secretary for communications, said in a statement to NPR: “The email reminds those who reach out to Department of Education employees that we cannot respond because Senate Democrats are refusing to vote for a clean CR and fund the government. Where’s the lie?”

In his decision, Cooper lambasted the department for “turning its own workforce into political spokespeople through their official email accounts. The Department may have added insult to injury, but it also overplayed its hand.”

The department did not respond to an NPR request to comment on the ruling.

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“Nonpartisanship is the foundation of the federal civil-service system,” Cooper wrote, a principle that Congress enshrined in the Hatch Act.

That law, passed in 1939, was intended to protect public employees from political pressure and, according to the U.S. Office of Special Counsel, “to ensure that federal programs are administered in a nonpartisan fashion.”

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How Each House Member Voted on the Iran War Powers Resolution

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How Each House Member Voted on the Iran War Powers Resolution

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Measure passed with 215 “yes” votes to 208 “no” votes.
Vote Total Democrats Republicans Bar chart of total votes
215 211 4
208 0 208

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Note: Representative Kevin Kiley of California is an independent who caucuses with the Republicans.

The House on Wednesday passed a measure to direct President Trump withdraw U.S. forces from Iran or win congressional approval to continue military operations there. The vote was the fourth of its kind in the chamber since the war began, the previous three having failed.

A vote on this measure was originally scheduled for last month but was pulled by House Republican leaders after it became clear they lacked the votes at the time to defeat it because of several members’ absences. Several Republicans were also absent on Wednesday, but party leaders were unable to delay the vote any longer.

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Votes fell mostly along party lines, with the exception of four Republicans, who voted with Democrats to pass the measure. Representative Jared Golden, Democrat of Maine, who had previously voted with Republicans, flipped and voted with his party.

Republicans who voted against their party

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The House vote came after four Senate Republicans last month broke from their party to advance a measure to assert the legislature’s role in authorizing the war. The Senate had rejected seven other similar measures, but Republicans in both chambers have expressed increased uneasiness with the conflict as it wears on.

Even if a war powers resolution passed in both the House and Senate, it would be subject to an all-but-certain veto by Mr. Trump, which would need a two-thirds majority in both chambers to override. Beyond that, the president and his senior aides have frequently dismissed efforts by Congress to rein in his war powers, saying they are unconstitutional.

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How Every Member Voted

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House votes to rein in Trump on Iran as war loses GOP support

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House votes to rein in Trump on Iran as war loses GOP support

Washington — The House on Wednesday passed a measure that would force President Trump to end the war with Iran without congressional authorization, marking the first time the lower chamber has defied the White House on the conflict. 

The House voted 215 to 208 to approve the war powers resolution with the help of four Republicans. Democratic Rep. Jared Golden of Maine, who has voted against the three previous failed attempts, also dropped his opposition and voted for the measure, giving his party unanimity on the issue.

Republican Reps. Thomas Massie of Kentucky, Brian Fitzpatrick of Pennsylvania, Tom Barrett of Michigan and Warren Davidson of Ohio voted with Democrats in favor of the measure.

Democrats in the chamber erupted in applause after passage.

The vote was supposed to take place before lawmakers left for the Memorial Day recess, but House GOP leaders abruptly pulled the vote when it became clear they did not have the numbers to block it. Several Republicans were absent and others were expected to support it. 

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The Senate advanced a similar measure in May to rein in Mr. Trump on Iran after four Republicans joined all but one Democrat to push it forward. Three Republican absences also helped deliver the breakthrough after seven previous unsuccessful votes. 

But the Senate’s procedural vote was just the first step on the way to potential passage, and Republicans will have another opportunity to block it in the coming days.

It’s unclear when they plan to vote on the House version. In a statement, House Democratic leaders called on Senate Republicans “to do the right thing.” 

Support for the war from some Republicans waned after the conflict passed a statutory 60-day deadline under the War Powers Resolution of 1973, which says the president must remove armed forces from hostilities if Congress has not authorized the war. The war passed the deadline on May 1, but the administration has argued that a fragile ceasefire stopped the clock in early April, though both sides have carried out attacks since then.

The Trump administration has also argued the War Powers Resolution of 1973 is unconstitutional, though that theory has never been tested in court.

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Republicans who have voted in favor of limiting Mr. Trump’s military powers in Iran have been uncomfortable with the lack of congressional authorization on the war and a strategy to end it. Some fear the war’s unpopularity and the economic fallout could harm the GOP’s chances at keeping control of Congress after the midterm elections in November. 

GOP Rep. Ashley Hinson of Iowa, who is running for Senate, said in a private exchange at a campaign stop last week that the war could be a “political liability” if it continues beyond “the next couple of weeks,” according to audio obtained by CBS News. 

But Mr. Trump said last month he was in “no hurry” to make a deal with Iran ahead of the midterms. 

“Everybody’s saying, ‘Oh, the midterms, I’m in a hurry.’ I’m in no hurry,” he said. 

The resolution approved Wednesday was introduced in April by Rep. Gregory Meeks of New York, the top Democrat on the House Foreign Affairs Committee. It directs the president “to remove United States Armed Forces from hostilities with Iran,” unless Congress declares war or authorizes the use of military force. 

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Rep. Brian Mast of Florida, the Republican chairman of the House Foreign Affairs Committee, earlier Wednesday called it a “stupid political vote” that “weakens the president’s hands as he’s negotiating with Iran.” 

After the vote, Meeks brushed off the assertion that the war powers votes have undercut the president during negotiations with Iran. When asked whether Democrats would keep forcing votes to end the Iran war, Meeks told reporters, “You can expect us to continue to do our jobs.” 

“We’re going to continue to do our constitutional responsibilities,” he said. 

Fitzpatrick, who also voted in favor of a war powers resolution in May, said, “The law is the law.” 

“We have to follow the law. There’s a law on the books,” Fitzpatrick said. “So you have two choices: You either follow the law or you change the law. You can’t violate the law. That’s not an option.” 

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During floor debate on the measure on May 20, Democrats questioned why Republicans haven’t held a vote on an authorization for military force to provide Mr. Trump with legal guardrails for attacking Iran. 

“If my Republican colleagues believe this is justified, they should bring an AUMF to the floor,” Meeks said.

There’s been little momentum so far behind an AUMF introduced by Barrett earlier in May. 

Rep. Kevin Kiley of California, an independent who caucuses with Republicans, argued there are “better tools” for Congress to assert its authority. 

“We actually have the ability to provide direction as to how funds should be used,” Kiley said, referring to Congress’ power of the purse. “I understand why people want to use whatever tools are available, but I believe that Congress should use those tools of congressional oversight and the powers we have under Article I that really have teeth here.” 

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Map: 5.1-Magnitude Earthquake Strikes off the Coast of California

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Map: 5.1-Magnitude Earthquake Strikes off the Coast of California

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Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown.  All times on the map are Pacific time. The New York Times

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A moderately strong, 5.1-magnitude earthquake struck in the North Pacific Ocean on Wednesday, according to the United States Geological Survey.

The temblor happened at 5:45 a.m. Pacific time about 40 miles west of Petrolia, Calif., data from the agency shows.

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As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

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Aftershocks detected

Subsequent quakes have been reported in the same area. Such temblors are typically aftershocks caused by minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.

Quakes and aftershocks within 100 miles

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Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.

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When quakes and aftershocks occurred

 All times are Pacific time. The New York Times

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Sources: United States Geological Survey (epicenter, aftershocks, shake intensity); LandScan via Oak Ridge National Laboratory (population density) | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Wednesday, June 3 at 6:03 a.m. Pacific time. Aftershocks data is as of Wednesday, June 3 at 8:01 a.m. Pacific time.

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