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With Trump threats on back pay, another blow to public servants

Sidelined by political appointees, targeted over deep state conspiracies and derided by the president, career public servants have grown used to life in Washington under a constant state of assault.

But President Trump’s latest threat, to withhold back pay due to workers furloughed by an ongoing government shutdown, is adding fresh uncertainty to the beleaguered workforce.

Whether federal workers will ultimately receive retroactive paychecks after the government reopens, Trump told reporters on Tuesday, “really depends on who you’re talking about.” The law requires federal employees receive their expected compensation in the event of a shutdown.

“For the most part, we’re going to take care of our people,” the president said, while adding: “There are some people that really don’t deserve to be taken care of, and we’ll take care of them in a different way.”

It is yet another peril facing public servants, who, according to Trump’s Office of Management and Budget director, Russ Vought, may also be the target of mass layoffs if the shutdown continues.

The government has been shut since Oct. 1, when Republican and Democratic lawmakers came to an impasse over whether to extend government funding at existing levels, or account for a significant increase in healthcare premiums facing millions of Americans at the start of next year.

White House officials say that, on the one hand, Democrats are to blame for extending a shutdown that will give the administration no other choice but to initiate firings of agency employees working on “nonessential” projects. On the other hand, the president has referred to the moment as an opportunity to root out Democrats working in career roles throughout the federal system.

Legal scholars and public policy experts have roundly dismissed Trump’s latest efforts — both to use the shutdown as a predicate to cut the workforce, and to withhold back pay — as plainly illegal.

And Democrats in Congress, who continue to vote against reopening the government, are counting on them being right, hoping that courts will reject the administration’s moves while they attempt to secure an extension of healthcare tax credits in the shutdown negotiations.

If the experts are wrong, thousands of government workers could face a profound cost.

“Senior leaders of the Trump administration promised to put federal employees in trauma, and they certainly seem intent on keeping that promise,” said Don Moynihan, a professor at the University of Michigan’s Ford School of Public Policy.

“According to a law that Trump himself has signed, furloughed employees are entitled to back pay,” Moynihan said. “There is no real ambiguity about this, and the idea only some employees in agencies that Trump likes would receive back pay is an illegal abuse of presidential power.”

A day after the shutdown began, Trump wrote on social media that he planned on meeting with Vought, “of Project 2025 fame,” to discuss what he called the “unprecedented opportunity” of making “permanent” cuts to agencies during the ongoing funding lapse.

A lawsuit brought in California against Vought and the OMB, by a coalition of labor unions representing over 2 million federal workers, is challenging the premise of that claim, arguing the government is “deviating from historic practice and violating applicable laws” by using government employees “as a pawn in congressional deliberations.” But whether courts can or will stop the effort is unclear.

Sen. John Thune, the majority leader and a Republican from South Dakota, said last week that Democrats should have known the risk they were running by “shutting down the government and handing the keys to Russ Vought.”

“We don’t control what he’s going to do,” he told Politico.

The White House has sent mixed messages on its willingness to negotiate with Democrats since the shutdown began. Within a matter of hours earlier this week, the president’s press secretary, Karoline Leavitt, told reporters that there was nothing to negotiate, before Trump said that dialogue had opened with Democratic leadership over a potential agreement on healthcare.

Donald Kettl, professor emeritus and former dean at the University of Maryland School of Public Policy, taught and trained prospective public servants for 45 years.

“What is happening is profoundly discouraging for young students seeking careers in the federal public service,” he said. “Many of the students are going to state and local governments, nonprofits, and think tanks, but increasingly don’t see the federal government as a place where they can make a difference or make a career.”

“All of us depend on the government, and the government depends on a pipeline of skilled workers,” Kettl added. “The administration’s efforts have blown up the pipeline, and the costs will continue for years — probably decades — to come.”

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Trump is slashing jobs at Voice of America despite court challenges

The agency that oversees Voice of America and other government-funded international broadcasters is eliminating more than 500 employees, the Trump administration has announced, a move that could ratchet up a months-long legal challenge over the news outlets’ fate.

Kari Lake, acting chief executive of the U.S. Agency for Global Media, VOA’s oversight agency, announced the latest round of job cuts late Friday, one day after a federal judge blocked her from removing Michael Abramowitz as VOA director.

U.S. District Judge Royce Lamberth had ruled separately that the Trump administration had failed to show how it was complying with his orders to restore VOA’s operations. His order Monday gave the administration “one final opportunity, short of a contempt trial,” to demonstrate its compliance. He ordered Lake to sit for a deposition by lawyers for agency employees by Sept. 15.

On Thursday, Lamberth said Abramowitz could not be removed without the approval of the majority of the International Broadcasting Advisory Board. Firing Abramowitz would be “plainly contrary to law,” according to Lamberth, who was nominated to the bench by President Reagan.

Lake posted a statement on social media that said her agency had initiated a reduction in force, or RIF, eliminating 532 jobs for full-time government employees. She said the agency “will continue to fulfill its statutory mission after this RIF — and will likely improve its ability to function.”

“I look forward to taking additional steps in the coming months to improve the functioning of a very broken agency and make sure America’s voice is heard abroad where it matters most,” she wrote.

A group of agency employees who sued to block VOA’s elimination said Lake’s move would give their colleagues 30 days until their pay and benefits end.

“We find Lake’s continued attacks on our agency abhorrent,” they said in a statement. “We are looking forward to her deposition to hear whether her plan to dismantle VOA was done with the rigorous review process that Congress requires. So far we have not seen any evidence of that.”

In June, layoff notices were sent to more than 600 agency employees. Abramowitz was placed on administrative leave along with almost the entire VOA staff. He was told he would be fired effective Aug. 31.

The administration said in a court filing Thursday that it planned to send RIF notices to 486 employees of Voice of America and 46 other agency employees but intended to retain 158 agency employees and 108 VOA employees. The filing said the global media agency had 137 “active employees” and 62 other employees on administrative leave, while VOA had 86 active employees and 512 others on administrative leave.

Lake’s agency also oversees Radio Free Europe/Radio Liberty, Radio Free Asia, Middle East Broadcasting Networks and Radio Marti, which beams Spanish-language news into Cuba. The networks, which together reach an estimated 427 million people, date to the Cold War and are part of a network of government-funded organizations designed to extend U.S. influence and combat authoritarianism.

Kunzelman writes for the Associated Press.

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