A federal judge in Kentucky rejected expanded protections implemented by the Biden-Harris administration for foreign farmworkers who come to the U.S. under H-2A visas.  

On Monday, U.S. District Judge Danny Reeves granted an injunction siding with Kentucky farmers and Republican attorneys general in Kentucky, Ohio, West Virginia and Alabama who argued that the new rules constituted granting foreign farmworkers collection bargaining rights. Reeves said that Congress, not the Biden-Harris administration, would have to determine whether to allow H-2A visa-holders the right to unionize. 

Those new rules, implemented by the U.S. Department of Labor in April, expanded protections for H-2A visa-holders, including requiring employers to ensure they would not intimidate, threaten or otherwise discriminate against foreign farmworkers for “activities related to self-organization” and “concerted activities for the purpose of mutual aide or protection relating to wages of working conditions.” 

“In perhaps its most blatant arrogation of authority, the Final Rule seeks to extend numerous rights to H-2A workers which they did not previously enjoy through its worker voice and empowerment provisions,” Judge Reeves wrote. “The DOL justifies this attempted regulatory expansion as an effort to prevent the alleged ‘unfair treatment’ of H-2A workers by employers to protect similarly situated American workers.”

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“The Final Rule not so sneakily creates substantive collective bargaining rights for H-2A agricultural workers through the ‘prohibitions’ it places on their employers,” Reeves wrote. “Framing these provisions as mere expansions of anti-retaliation policies, the DOL attempts to grant H-2A workers substantive rights without Congressional authorization.” 

Under a prior preliminary injunction issued by a federal judge in Georgia, the new rules had already been blocked in 17 states. Reeves’ decision does not apply nationwide. 

Kentucky Attorney General Russell Coleman speaks during the Fancy Farm picnic in Fancy Farm, Kentucky, on Aug. 5, 2023.  (Ryan C. Hermens/Lexington Herald-Leader/Tribune News Service via Getty Images)

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Congress created the H-2A temporary agricultural visa program in 1986 through the Immigration Reform and Control Act, allowing employers to hire foreign farmworkers on a temporary, seasonal basis, when there is a shortage of U.S. workers to fill the needed positions. It includes protections for American workers, including setting a minimum wage rate for foreigners coming to work under the program. 

A barn and rock stacks outside of the Horse District of Lexington, Kentucky. (Joe Sohm/Visions of America/Universal Images Group via Getty Images)

Kentucky Attorney General Russell Coleman argued that the Biden-Harris administration rules could have caused “serious and irreversible damage to farmers who are just trying to get by and bring food to Kentucky’s dinner tables.” 

“We should be working to help Kentucky’s farmers, not put them out of business. This unlawful and unnecessary rule from the Biden-Harris Administration would have made it harder to get farmers’ products to grocery store shelves and would have increased already high prices for families,” Coleman said in a statement. “We will continue to do what’s right to stand up for Kentucky’s farmers.”

Washington governor-elect Bob Ferguson, a Democrat, announced Monday that he is creating a subcommittee in his transition team that will have the sole purpose of fighting Project 2025.

The transition team expects Project 2025 to be pushed by the Trump Administration despite President-elect Trump’s efforts during his campaign to distance himself from the controversial proposal.

Ferguson’s committee will be co-chaired by Planned Parenthood Alliance Advocates CEO Jennifer Allen and King County Councilmember Jorge L. Barón, who is also a former executive director of the Northwest Immigrant Rights Project, Fox 13 reported.

“We are preparing in case President Trump attacks Washingtonians’ core freedoms,” Ferguson said, according to the outlet. “We will keep Washington moving forward no matter what happens at the federal level.”

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Project 2025 is a controversial initiative organized by conservative think tank the Heritage Foundation that was authored by a number of conservatives, including some former Trump administration officials.

The initiative offered right-wing policy recommendations for Trump’s second term, including replacing civil service employees with Trump loyalists, abolishing the Department of Education, criminalizing pornography, eliminating DEI programs, cutting funding for Medicaid and Medicare, rejecting abortion as health care, carrying out mass deportations and infusing the government with Christian values.

During his campaign, Trump had sought to distance himself from the initiative, which has been criticized as being an authoritarian and Christian nationalist plan that would undermine civil liberties, saying he knew nothing about it, that parts of it are “absolutely ridiculous and abysmal” and that its backers are on the “radical right.”

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Washington governor-elect Bob Ferguson announced Monday that he is creating a subcommittee in his transition team to fight Project 2025. (Getty Images)

Former Trump officials also told POLITICO ahead of Election Day that people involved in Project 2025 would be blacklisted from his administration.

But Trump has selected authors and contributors for Project 2025 to serve in his next administration, including Russell Vought as director of the Office of Management and Budget, Tom Homan as “border czar,” Stephen Miller as deputy chief of policy and Brendan Carr as chair of the Federal Communications Commission.

“This is a critical time in our nation as we look to the possibility of our communities being under attack from many different directions,” Allen said, according to Fox 13. “I’m honored to serve on Governor-elect Ferguson’s transition team and to co-chair this subcommittee to support his leadership in our state and country in championing and safeguarding reproductive rights and all of the rights of Washingtonians.”

U.S. President-elect Donald Trump attends a viewing of the launch of the sixth test flight of the SpaceX Starship rocket on Nov. 19, 2024, in Brownsville, Texas. (Brandon Bell/Getty Images)

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Barón said he is “honored to assist Governor-elect Ferguson in his transition into this new role and to co-chair this important subcommittee,” Fox 13 reported.

“As an immigrant and as the proud parent of a trans daughter, I am particularly grateful that the Governor-elect is committed to protecting all Washington state residents, and especially those communities at greatest risk of having their rights attacked by the incoming federal administration,” Barón continued.

Ferguson’s office said the subcommittee will establish policy priorities for his first 100 days in office, according to Fox 13, although specific policy proposals have not been released.

In George Orwell’s classic depiction of an authoritarian society, “Nineteen Eighty-four,” a key component of political control is the state’s erasure of history: “Every record has been destroyed or falsified, every book has been rewritten … every date has been altered. … After the thing is done, no evidence ever remains.”

That is the state of affairs Donald Trump would like to produce with respect to the federal cases against him, which special counsel Jack Smith has developed in painstaking detail over the last two years.

Given Trump’s impending return to the White House, Smith now has two months to wrap up his cases. The primary question left for him and the Justice Department’s leadership is whether to produce a report of the Jan. 6 and classified documents cases and, if so, what it should look like.

The special counsel regulations that govern Smith require him to provide a confidential report to Atty. Gen. Merrick Garland explaining his decisions for or against prosecution. Garland has already made it clear that if he gets a report from Smith, he will exercise his discretion to make it public.

Given what Smith and other prosecutors have described as the “unprecedented circumstances” of the defendant’s election, the regulatory prescription is an imperfect fit. Smith obviously decided to bring charges against Trump in both cases and likely prepared a prosecution memo at the time explaining his thinking to Garland and others. But political events force him to close up shop in the midst of those prosecutions.

So what considerations should guide his and the department’s thinking about the preparation and content of a report?

First and foremost, the public interest dictates that we have the fullest possible historical account of what happened, which is a recognized justification for special counsel reports. Special counsel Robert S. Mueller III, for instance, declined to charge then-President Trump but provided a detailed and damning account of his findings that ultimately became public.

Smith has developed extensive evidence of truly grievous crimes, the worst ever allegedly committed by a president. The core of the Jan. 6 case is a breathtaking effort to exhort supporters to commit an insurrection and prevent the peaceful transfer of power, the sine qua non of a democracy. And the classified documents case presents probably the gravest violation of national security by a president, augmented by an extended and brazen campaign of obstruction of justice to impede the return of government property that Trump had no right to possess.

In my mind, the need for a detailed report on the latter is greater. The House Jan. 6 committee developed a detailed public record of the plot that culminated in the insurrection. Moreover, the Justice Department’s filings in the Jan. 6 case, especially its lengthy brief explaining the evidence it intended to present and why it was not foreclosed by the Supreme Court immunity decision, also left the public with a detailed account of Trump’s conduct.

No such public account exists in the documents case. That’s because U.S. District Judge Aileen Cannon has made a series of dubious rulings that have disrupted the department’s presentation. One of them, dismissing the case on the fringe theory that Smith was not properly appointed as special counsel, is pending before the U.S. 11th Circuit Court of Appeals.

The holes in the historical account are significant. What was Trump’s purported justification for spiriting the documents away to his Florida estate, Mar-a-Lago? How did he store them? Could they have been seen by foreign adversaries? Did he in fact show them to anyone, as the evidence that has become public suggests? And how did he and his co-defendants, Mar-a-Lago staff members Carlos De Oliveira and Walt Nauta, conspire to resist the government’s lawful demands to return the documents?

Trump and his circle are already adopting the stance that the election provided a decisive mandate for nullifying the prosecutions. We can be certain that when he takes the reins of government, he will have no compunction about destroying every last shred of information about them. In the style of Orwell’s Big Brother, he will likely try to scrub the pages of history of his misdeeds.

That would be a travesty and a rank disservice to the American people and history.

Trump’s argument for popular nullification doesn’t hold water in the first place. Far short of securing some decisive mandate, Trump appears to have received less than 50% of the vote, edging out Vice President Kamala Harris by one of the smallest popular-vote margins in history. Moreover, there is scant evidence that his winning coalition was moved by objections to the cases against him.

Not that it would matter if they were. History is not a plebiscite in which 50% of the current population decides what’s true and important. An accurate historical account is an independent value of a free society. That’s especially true in cases of heated disagreement about what happened. From that vantage point, it would be in the interest even of Trump and his co-defendants to have a full public record available.

One strong case for the importance of an accurate historical record of contentious, searing events was offered by the 9/11 Commission. The report it produced, as the commission noted, was essential for historical understanding, preventing the spread of misinformation, reforming national security and readiness, and maintaining public confidence in government.

All of these goals should be articles of faith in a democratic society. But it seems increasingly clear that this is not the sort of society Trump intends to foster. If he gets his way, history’s record of his crimes will be replaced by blank pages.

Harry Litman is the host of the “Talking Feds” podcast and the “Talking San Diego” speaker series. @harrylitman