Appeals court blocks firing of 19 intelligence officers in DEI case

A divided federal appeals court in Richmond blocked the Trump administration from immediately firing 19 intelligence officers who had been detailed to diversity, equity, inclusion and accessibility work, preserving an injunction that requires the CIA and the Office of the Director of National Intelligence to let them seek reassignment and pursue internal appeals before termination. The officers were among 58 CIA and ODNI employees placed on leave after the administration moved against DEI-related posts.

The 2-1 panel ruled that the agencies could not treat the officers’ temporary DEI assignments as a reason to bypass the personnel protections built into their own rules. Writing for the majority, Circuit Judge Nicole Berner said the Fifth Amendment’s due-process guarantee requires federal agencies to follow binding regulations, and the court tied that protection to the officers’ claimed property interest in their jobs. The panel said the agencies had to offer reassignment and internal review unless access to classified information had been revoked.

The dispute grew out of Executive Order 14151, signed by Trump on January 20, 2025, shortly after he returned to office, directing the federal government to end DEI programs and preferencing. CIA Director John Ratcliffe and former DNI Tulsi Gabbard moved to fire the officers to carry out that order, even though the intelligence agencies’ own rules called for reassignment opportunities and an internal appeal process.

Circuit Judge Paul Niemeyer dissented, saying the agencies retained discretion to terminate employees. The CIA and ODNI did not immediately comment.