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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).
“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:
“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.
“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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Video: Mamdani Allies Sweep New York Primaries
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Mamdani Allies Sweep New York Primaries
Mayor Zohran Mamdani’s progressive coalition had a big night on Tuesday. Brad Lander, Darializa Avila Chevalier and Claire Valdez won their Democratic House primaries.
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“I see a New York that we can all afford. I see a New York that truly invests in its babies, not bombs.” Reporter: “What’s the first thing you’re looking forward to doing in Congress?” “Well, tomorrow — thank you — I mean, tomorrow morning, you know, I’m going to be back at 26 Federal Plaza doing court watching, and we want to carry that into Congress as well.”
By Julie Yoon
June 24, 2026
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Appeals court allows Trump administration expanded use of speedy deportations
A massive 826,780-square-foot warehouse sits illuminated Feb. 12, 2026, in the El Paso suburb of Socorro, Texas, that was recently purchased by the U.S. Department of Homeland Security for $122.8 million.
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A federal appeals court on Tuesday allowed the Trump administration to resume carrying out speedy deportations of undocumented migrants throughout the United States, not just near the border.

A divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit threw out a lower court decision that temporarily blocked President Donald Trump’s expanded use of expedited removal. The ruling was a big victory for the Republican administration, which views the expansion of so-called expedited removal as a key tool for carrying out its mass deportation policy.
Expedited removal — quick deportation without a chance to appear before a judge — has previously been applied to migrants arriving by sea or caught at or near the border shortly after crossing.
In January, Trump expanded its use to undocumented migrants all over the United States. Immigration agents began whisking migrants away from courthouses where they had gone for immigration proceedings and then removing them from the country within days.
“The Trump administration’s push for fast-track deportations will subject people to an unfair and error-prone system,” Anand Balakrishnan, senior staff attorney with the ACLU’s Immigrants’ Rights Project, said in a statement.
Balakrishnan represented plaintiffs in arguments before the appellate panel and said its ruling “undermines the fundamental principle that people receive due process when the government seeks to deport them.”

DC Circuit Judge Justin R. Walker, one of the judges on the panel, said the plaintiffs had not shown the expanded use of expedited removal violated due process rights. Immigrants received notice of removal proceedings and were given a chance to respond, he wrote in his opinion.
Walker and the second judge in the majority, Neomi Rao, were appointed by Trump. The third judge on the panel was appointed by President Barack Obama, a Democrat.
Walker said there was no requirement that the administration inform immigrants that they can avoid expedited removal if they can show they have been in the United States for more than two years.
“The constitutional requirement is notice of the action the government is taking and the grounds for it, plus an opportunity to respond,” he wrote, adding that the plaintiffs’ “contrary reasoning would require immigration officers to provide what amounts to legal advice.”
Walker and Rao vacated an order by U.S. District Judge Jia Cobb that put the expanded use of expedited removal on hold. Cobb, who was appointed by President Joe Biden, a Democrat, ruled in August that the administration had not developed procedures to ensure migrants were not wrongly deported under the expedited process.

The plaintiffs had put forward “substantial evidence” that the expedited removal process, on the contrary, carried a high risk of error when applied more broadly, Cobb said. The ruling cited examples of people who had lived in the U.S. for far longer than two years but were still ordered to be removed in expedited proceedings.
In his opinion, Walker acknowledged evidence of such errors, but said they resulted from “individual officers’ failure to follow the law — not defects in the written directives under review or the procedures they incorporate.”
The Trump administration has argued that its expansion of expedited removal includes protections to prevent arbitrary removal. In a court filing in October, Justice Department attorneys said Cobb’s ruling was an “egregious error” that was depriving the administration of an “essential tool to combat the unprecedented surge of illegal immigration over the past few years” and efficiently deport potentially millions of people.
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ODNI under Pulte fires 6 staff, sends 45 back to home agencies
Just over 50 career and political intelligence staff at the Office of the Director of National Intelligence have been removed from their roles since Bill Pulte became the agency’s acting director, Friday.
Six career and political intelligence staff were terminated and 45 were sent back to their home agencies, according to three sources familiar with the personnel moves.
Pulte has been asking deputies and other directors for suggestions about cuts. Some of the ODNI deputies pushed for more cuts, but Pulte said that the 51 was enough for now, one of the sources said.
One source characterized the cuts as thoughtful and methodical. No staffers have been removed from the counterterrorism group.
No further firings are planned for now, two of the sources said.
The cuts follow hundreds of staff reductions last year by former Director of National Intelligence Tulsi Gabbard, who stepped down last week. Last year’s planned downsizing sought to bring the office’s headcount from 2,000 to around 1,300.
President Trump has pushed for further cuts, directing Pulte to “execute the immediate and needed downsizing of the office” in a Truth Social post earlier this month.
The office is charged with overseeing the country’s intelligence agencies and helping them coordinate with each other. It was created in response to the Sept. 11, 2001, terrorist attacks, which investigators widely believe was preceded by a failure of intelligence agencies to share information.
Since then, Gabbard and some lawmakers have argued the ODNI has become bloated and has added more bureaucracy to the intelligence community — worsening a problem it was created in part to resolve.
Republican Sen. Tom Cotton of Arkansas, who chairs the Senate Intelligence Committee, said earlier this month the office has “grown far beyond its original mandate.” Many of the office’s staff hail from other intelligence agencies but have been detailed to ODNI, and Cotton argued large numbers of them should be returned to their “home agencies.”
Sen. Mark Warner and Rep. Jim Himes, the top Democrats on the Senate and House intelligence panels, warned Pulte against making large-scale staff cuts, calling it an inappropriate course of action for an acting official without national security experience.
“While there is room to consider responsible reductions to ODNI’s workforce, any large cuts would follow on a substantial downsizing that has already occurred in 2025 and risk jeopardizing the mission of an organization explicitly created after 9/11 to prevent any future such terrorist attack,” the two Democrats wrote in a joint statement.
After Gabbard announced in May that she would resign from the post, Mr. Trump said he would install Pulte, a housing finance official, as acting director of national intelligence. He later nominated Jay Clayton, the top federal prosecutor in Manhattan, to serve as Senate-confirmed director.
Mr. Trump’s pick for acting director of national intelligence, who assumed the role on Friday, has sparked intense pushback in Congress. Democrats, and some Republicans, questioned the selection due to his lack of national security experience.
Democratic Rep. Jason Crow of Colorado said Sunday he’s worried that “Americans are at risk” with Pulte serving as DNI “because we have someone who’s incompetent at the head of this agency,” in an interview on “Face the Nation with Margaret Brennan.”
In addition to Pulte’s lack of national security experience, Democrats have railed against the pick for his role in investigations into Mr. Trump’s political foes. Crow, who serves on the House Intelligence Committee, said he’s “obviously concerned that this is somebody who’s a political attack dog, and his single biggest qualification is that he’s loyal to Donald Trump and is willing to go after Donald Trump’s enemies.” But he said more immediately, he’s concerned about Americans’ safety.
“This is a really important position. This sits atop our intelligence agencies, and by law, Congress mandated that this person have significant intelligence experience because they have to make sure that we’re keeping Americans safe, which is not what Bill Pulte is capable of doing,” Crow said.
Since Pulte’s selection, Democrats have declined to extend Section 702 of the Foreign Intelligence Surveillance Act, which grants intelligence agencies broad authority to spy on overseas targets, causing the legal provision to expire earlier this month.
And as Senate GOP leaders tried to bring an end to the impasse by moving to quickly confirm Clayton as permanent director of national intelligence, the president abruptly called for Clayton’s confirmation hearing to be canceled last week.
Talks on extending FISA Section 702 were already strained, with some members of both parties pushing for stricter guardrails and arguing the program can scoop up Americans’ communications without a warrant. Intelligence officials say the program is essential to national security.
Asked whether Democrats have miscalculated, Crow said “not at all.”
“I know how important it is, but I’m unwilling to trade Americans’ constitutional rights, privacy and essential civil liberties for temporary extension to this program,” Crow said.
Republican Sen. Lindsey Graham of South Carolina said on “Face the Nation” that “any Democrat that shuts down FISA at a time of great peril for the United States is making a huge mistake.”
“We’re playing with fire here, no matter what side does it,” Graham said. “America needs FISA up and running.”
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