Judge Rejects Government Objection to Making Head of OPM Testify

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Federal District Court Judge William Alsup rejected a motion by the Department of Justice to cancel a hearing, rescind an order directing Acting Office of Personnel Management Director Charles Ezell to testify, and block subpoenas of 12 current and former federal workers in a case that challenged OPM’s mass firing across agencies.

Ezell has filed a sworn statement regarding OPM’s firings. He must face cross-examination by the labor unions that filed suit against him. If Ezell does not face this at a hearing, he can be deposed.

Alsup said the hearing he scheduled for 13 March 2025 will occur. He said if Ezell does not attend, Alsup will consider possible sanctions “including whether or not to strike or limit his sworn declaration.” The government employees under subpoena who have not filed sworn declarations are not required to attend the hearing.

Plaintiffs in the case are:

  • American Federation of Government Employees, AFL-CIO
  • American Federation of State County and Municipal Employees, AFL-CIO
  • AFGE Local 1216
  • United Nurses Associations of California/Union of Health Care Professionals

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