A panel of Fourth Circuit judges was divided Wednesday over whether top intelligence officials exceeded their authority when they fired a group of workers assigned to diversity, equity, inclusion, and accessibility initiatives.
Judge Nicole G. Berner noted the district court found, as fact, that the firings weren’t discretionary decisions but a reduction in force. Because of that, the CIA’s regulations on RIFs “need to be followed.” Judge Stephanie D. Thacker also repeatedly pointed to declarations and CIA memos citing a directive from the Office of Personnel Management for federal agencies to effectuate RIFs in order to comply with President Donald ...