Retired judge blasts Trump's federal worker NDA push as 'very bad idea'
WASHINGTON, DC: Retired federal judge Shira Scheindlin slammed President Donald Trump's proposed federal worker NDA policy as a ‘very bad idea'.
Scheindlin accused the Trump administration of trying to intimidate government employees after the Office of Personnel Management moved to create nondisclosure agreements for federal workers.
Shira Scheindlin warns on whistleblowers
“What the purpose is, in my opinion, is to make government employees afraid to complain, afraid to point out abuse in their departments, afraid to come forward and reveal to the rest of us what's going on inside our government,” Scheindlin told host Catherine Rampell, during an appearance on MSNBC's ‘The Weekend: Primetime’.
“That seems to be the real purpose. It's to shut them down,” she added.
The proposed policy would apply to both new and existing federal workers. According to the proposal, employees who refuse to sign the agreements or violate them could face termination.
Scheindlin also warned the move could raise constitutional concerns.
“It's really impinging on their First Amendment rights,” she said. “It's impinging on the right of an employee who sees something wrong to speak about it. It's another very bad idea, in my opinion.”
Trump has long relied on NDAs in both business and politics. He previously required Trump Organization employees and political aides to sign similar agreements.
Office of Personnel Management defends NDA proposal
The Office of Personnel Management (OPM) defended the proposal after backlash from unions, press groups, and whistleblower advocates.
OPM Director Scott Kupor dismissed criticism in a blog post, writing, “One of the more surprising reactions to OPM’s recently proposed nondisclosure agreement rule is the suggestion that asking employees to keep sensitive internal deliberations confidential is somehow shocking or unprecedented.”
He added, “Spoiler alert: it’s not. In fact, this is Organizational Management 101.”
The agency said the proposal was prompted by “major leaks,” including disclosures involving a US raid targeting former Venezuelan President Nicolás Maduro.
But critics argued the rule goes far beyond classified material. Federal employees already face criminal penalties for leaking sensitive information under existing law.
Federal unions push back
Opponents said the proposal could discourage lawful whistleblowing and silence career government employees.
David Kligerman of Whistleblower Aid warned that the NDA “represents a significant encroachment on federal employees’ rights and an assault on lawful whistleblowing,” according to The Hill.
The American Federation of Government Employees also blasted the proposal.
“OPM continues its efforts to silence federal employees,” AFGE President Everett Kelley said in a statement. “Federal employees do not surrender their First Amendment rights when they accept federal employment.”
Press freedom groups raised similar concerns. The National Press Club said the proposed agreements appeared designed to deter federal employees from speaking to journalists by “threatening their livelihoods”.
The Freedom of the Press Foundation also accused the administration of targeting leaks that have exposed alleged government misconduct, saying the NDA proposal arrived as watchdogs and FOIA officials were being sidelined.
