The Ministry of Justice told a federal judge on Tuesday that the President of the Acting Office of Personnel Affairs will not witness a hearing later this week in a major case that challenges the government’s efforts to execute the federal workforce, after the judge refused the request of the Ministry of Justice to cancel the session.
The lawyers of the Ministry of Justice said that in order to avoid acting Charles Ezel, who witnessed it in a session on Thursday in San Francisco, they are withdrawing an advertisement he made last month that was the only evidence in the case.
They wrote in the court papers: “Because the declared purpose of the court of bringing Mr. Ezell to the session is to obtain a certificate from him regarding the allegations that were included in his announcement, the defendants have submitted that his presence is no longer necessary in any hearing, given that this announcement has been withdrawn now.”
EZLL Declaration said that OPM did not “direct” other agencies to end the test staff – the central case in the case provided by the trade unions and others. But the judge in the case has repeatedly said that in order for the advertisement to remain in the registry, the lawyers for the prosecutors will need to have an opportunity to interrogate EZell.
The administration’s decision to withdraw the advertisement comes a day after the American boycott judge, William Alsoub, rejected the government to cancel the session – which he previously said that he will not do so – and to cancel the summons issued by EZell and a large number of other officials for the deposits or certificates of the courtroom this week.
Last month, Alsup ordered that Ezell appear in the session. But on Monday, the lawyers of the Ministry of Justice, who represented the administration, took the extraordinary step of asking the judge to cancel the session.
“The problem here is that the Acting Director Ezzll has submitted a divided advertisement to support the defendant’s position, but now he refuses that he was examined through the examination, or to be evacuated (although it must be added, the government lawyer’s embrace of this particular idea during the TRO session late on Monday.
The situation is the first effort that the administration made to try to prevent its officials officially from submitting the oath of oath. The issue is an important situation, as the Trump administration’s ability to lead its policy to cut off the federal workforce through the Central Administration Agency. The judge in the case previously said that it would be illegal for OPM to direct agencies to reduce the number of federal civil service employees with collective launch based on their performance.
The Ministry of Justice argued, among other things, that forcing Ezell on the certificate “would constitute fears of the great separation, especially in this early stage of litigation”, and claimed that “he has a small value” agrees on the central issue in the case: whether his agency has ordered others to shoot at Mass Masine.
“On the bottom, the interests of justice, the party’s resources, and the judicial economy do not guarantee the establishment of a constitutional debate between the branch by forcing the president’s acting agency to testify in this position; they wrote in the papers of the court:” They do not guarantee a full hearing of evidence on the current record. “
Alsup’s attorneys told Alsup that they are ready to convert a temporary restriction issued by the judge last month into a preliminary judicial order “to allow a more organized solution to the claims and defenses submitted in this litigation.”
Such a move will also allow the appeal a preliminary order to the Court of Appeal in the ninth circle. The temporary order for Alsup last month OPM required to inform some federal agencies that they have no authority to request the testing of the test staff, which means that those who were in their positions about a year or less.
The lawyers’ lawyers soon prompted the administration’s request on Monday after submitting it, as they wrote in their own files that the government had made a crisis on the potential EZell certificate after Alsup said for the first time that he would need to appear in the session.
They wrote: “The government cannot rely on its delays to argue that it lacks time to prepare for this session.” “It should not be allowed to promote whether the session should go at all, as the court clarified that this session is necessary to settle the dispute that the government itself has injected into this case.”
This story and the title were updated with additional developments.
Katelyn Polantz of CNN contributed to this report.
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