San Francisco, CA – A coalition of former senior national security officials, represented by Democracy Forward and Kwun Bhansali Lazarus LLP, filed a friend-of-the-court brief in the Ninth Circuit Court of Appeals supporting federal workers’ unions in AFGE, AFL-CIO, et al. v. Trump. The brief supports the legal challenge to President Trump’s Executive Order (EO) 14251, which seeks to strip collective bargaining rights from two-thirds of the federal workforce under the guise of “national security” and explains that our nation’s security is not advanced by the EO.  That lawsuit, and this brief, maintain that the EO is unconstitutional, retaliatory, and undermines the rule of law.

The coalition includes former U.S. ambassadors, generals’ counsel, and senior national security officials from across administrations, including John Beed, former U.S. Agency for International Development (USAID) mission director, Guatemala and India; Charles Blanchard, former General Counsel of the U.S. Air Force and U.S. Army; Ambassador Todd Buchwald (retired), former head of the Office of Global Criminal Justice, U.S. Department of State; Mary DeRosa, former Deputy Counsel to the President and former National Security Council Legal Adviser; Gordon Gray, former Deputy Commandant at the National War College; Raymond Limon, former Chief Human Capital Officer, U.S. Department of the Interior; Alberto Mora, former General Counsel of the U.S. Navy; Mara Rudman, former Deputy Assistant to the President for National Security Affairs; and Suzanne Spaulding, Former Undersecretary, U.S. Department of Homeland Security.

The brief emphasizes that protecting free speech and associational rights is essential to the nation’s security and global leadership, and that the EO is a pretext to stifle political dissent and retaliate against real or perceived views that the administration finds at odds with its policies.

“National security is about protecting the values and freedoms that define our democracy,” said Elena Goldstein, Legal Director at Democracy Forward. “The Trump-Vance administration’s attempt to silence federal workers and the unions they rely on by labeling them a ‘threat’ to national security is a dangerous abuse of power that undermines both the rule of law and America’s safety. We are honored to represent this coalition that recognizes that supporting workers’ rights and national security objectives go hand in hand.”

“At this critical moment, we are honored to represent this courageous group of public servants who are speaking out to defend two inseparable interests: workers’ constitutional rights and national security,” said Asim Bhansali, partner at Kwun Bhansali Lazarus LLP. “We are grateful to our clients, our partners at Democracy Forward, and the plaintiff unions for their commitment to advancing both interests.”

The brief underscores that past administrations have carefully and narrowly applied national security exclusions to protect collective bargaining rights, even in times of war and heightened threats. By contrast, Executive Order 14251 represents an unprecedented expansion that seeks to punish federal labor unions perceived as “hostile” to the administration’s agenda, with no demonstrated connection to legitimate national security concerns.

Read the brief here.

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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.