California Attorney General Rob Bonta holds a press briefing on a lawsuit challenging the mass layoffs of Department of Education employees.
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NewsTranscript
00:00Good morning, everyone. I am California Attorney General Rob Bonta. Thank you all for joining
00:08us. We're here today to announce a lawsuit challenging the Trump administration for conducting
00:14an illegal mass firing of nearly half of all employees at the U.S. Department of Education.
00:20As part of the president's directive to eliminate the Department of Education, this en masse
00:25firing exceeds any statutory authority granted by Congress. Alongside numerous other actions
00:32the Trump administration has taken, this sweeping mass firing is simply put, illegal. Unfortunately,
00:38this is yet another example of my office, our offices, following through on promises
00:44we made. We'll take action if and when Trump violates the law and infringes on our rights.
00:52I, alongside 20 other attorneys general, allege that the Trump administration's directive
00:56to shut down the Department of Education through a massive reduction in force is unlawful and
01:02cannot stand. This mass firing of nearly half of the department's workforce is in violation
01:08of the Federal Administrative Procedures Act because an agency cannot use a reduction in
01:13force to override the limitations on their own power to dismantle agency functions required
01:19by law. What's so troubling here is that the reduction in force is so severe and so
01:23extreme that it incapacitates the department from performing statutory functions, which
01:30will deeply hurt the states represented here and others. Let me be clear, only Congress
01:35can make such drastic changes, not the agency, not the president. There's no question that
01:41the president's attempt to dismantle the Department of Education exceeds executive
01:46authority. As a result of these unconscionably disruptive actions, we're seeking declaratory
01:52relief and order vacating the defendant's actions implementing President Trump's directive
01:58to dismantle the Department of Education and preliminary and permanent injunctive relief
02:02to enjoin the agency's agency defendants from implementing the Trump administration's
02:07directive to dismantle the Department of Education, including through ordering a reduction in
02:12force. The president has yet again overstepped his authority by a mile and will hold him
02:19accountable. While Trump and Elon Musk may tout these cuts in our federal workforce as
02:24cost saving, we have to ask ourselves, what will the long term cost to our nation be?
02:31The answer is tremendous. It means cuts to early childhood education, which we know has
02:36a monumental impact on children's development, school readiness, and future success. It means
02:41cuts to special education, which is vital to removing learning barriers and tailoring
02:46instruction to individual student needs. It means cuts to technical education programs,
02:52which carve out important pathways that help meet the demand of the skilled labor market.
02:57In 2022, out of 37 developed nations, American students ranked 28th in math and 12th in science.
03:05Those numbers don't stand a chance without the invaluable programs the Department of
03:09Education provides, including assistance to children from low-income families, vocational
03:15training, enforcement of anti-discrimination laws, alongside countless other responsibilities
03:21fundamental to our educational system. How can we as a nation expect to lead the world's
03:26technological and scientific developments when we're falling behind in basic geometry and biology?
03:32President Trump can shout America first all he wants, but his anti-education agenda will
03:38only ensure we come in dead last. As Attorney General, as a father, as someone who cares
03:45about the trajectory of our state and nation, I can't sit back while the President attempts
03:50to kick our kids' futures to the curb. Trump may have forgotten to read up on the restrictions
03:56of his constitutional authority, perhaps because he's too busy turning the White House into
04:01a car dealership, but I won't and we won't sit back while he violates the law. That means
04:07that we'll see the Trump administration in court again. We don't expect the President's
04:13barrage of unlawful, chaotic, and disruptive executive orders and actions to slow down,
04:18which means neither will our work ahead. Fortunately, I know we'll be able to weather the storm
04:23because of the dedication and tenacity of the folks on our teams across the country.
04:30Before I turn it over, I just want to shout out the folks at California DOJ who made today's
04:33action possible. Lucia Choi, Natasha Reyes, Shree Panchalam, Jim Stanley, Michael Newman,
04:43Miranda Mason, Satoshi Yanai, Christina Beaune-Arndt, Damon Brown, and Evan Akron. Thank you, and
04:49now it's my honor to pass it on to my colleague and friend, Massachusetts Attorney General
04:53Andrea Campbell.
04:56Thank you, Attorney General Bonta. Good morning, everyone. We are here today to announce yet
05:01another action by attorneys general taking, of course, Trump administration to court to
05:07hold them accountable for violating the law. I am delighted to be with my co-leads today,
05:12and together we have led a group of 21 AGs ensuing this administration for their attempt
05:18to dismantle the Department of Education, a department deeply responsible for helping
05:23all students in this country learn and thrive. The Department of Education serves nearly
05:28one million students in Massachusetts, and K-12 schools here receive nearly $2 billion
05:36each year from the federal government. This funding we rely on to support a variety of
05:41educational programs and needs, things like special education, teacher salaries and benefits,
05:48social workers, professional development programs, after-school programs, reading and language
05:54specialists, transportation, and so much more. And every day, the department helps
05:59make sure our students are set up to succeed, from protecting their civil rights to ensuring
06:05they have access to student loans that make it possible to attend a college. Indeed, the
06:10department touches nearly every aspect of education, and losing it would deprive students,
06:16especially low-income students and students with disabilities, of the resources and support
06:21they need. And those impacts would be felt beyond just K-12 schools. Colleges and universities
06:29will become more expensive as federal funding for Pell Grants, work-study programs and loans
06:35will be put at risk. On Tuesday, the Department of Education announced it would be eliminating
06:40nearly half of its workforce, terminating nearly 2,000 employees. The Trump administration
06:46has made it crystal clear that its end goal is to dismantle the department, and that these
06:51terminations will help do that. But as I've stated before, the President is not a king.
06:57He does not have the power to dismantle federal agencies that were created by Congress, or
07:02to change the responsibilities of those agencies required of them by law. Only Congress can
07:09abolish an agency it creates, and each time Congress has been faced with the option to
07:15abolish the Department of Education, it has chosen not to do so. The President has shown
07:21nothing but blatant disregard for the rule of law, and sadly, cruelty towards our people,
07:28and in this case, our young people. And so once again, we as Attorneys General are holding
07:33him and his administration accountable. We filed the lawsuit, our lawsuit here in Massachusetts,
07:39which has the strongest education system in the country. We are home to some of the top
07:43schools from kindergarten to higher education. We lead the nation in student achievement.
07:48We have universal free school meals, free community college for students over the age
07:53of 25. Because in Massachusetts, the birthplace of public education, we believe every student
08:00deserves equal access to a high-quality education regardless of their background. And the administration's
08:07recent workforce reduction directly threatens our students' ability to learn in an environment
08:15free from discrimination. Here in Massachusetts, the Boston location of the Department's Office
08:20of Civil Rights has been shut down. That office is responsible for safeguarding an equal access
08:26to education and holding schools accountable for addressing discrimination and hate incidents
08:32which sadly are on the rise here in Massachusetts. As an Attorney General, as a public school
08:37kid and a mom of two young boys attending public schools, I can't sit idly by, similar
08:43to my colleagues and co-leads here on this Zoom, as we watch our federal government put
08:47our families' educational opportunities at risk. Our kids should not be political pawns.
08:54We can address bloated bureaucracies lawfully and effectively, and the recent actions by
09:00the federal administration does not. That's why we're asking the court to prevent the
09:04administration from dismantling the Department of Education or from implementing any policies
09:10that would advance that directive. I'm honored to be here with my co-leads, and it is my
09:16honor to pass it on to my colleague from Hawaii, Attorney General Anne Lopez.
09:20Thank you, General Campbell. It is a pleasure for me to be here today, but it's also distressing
09:28as a child of public school teachers and having gone to public schools. I am today a product
09:38of what the President of the United States is trying to dismantle. Once again, as my
09:45colleagues have said, he has used power in excess of the office of the presidency. I
09:52made a commitment when I started this job that I would continue to enforce the rule
09:57of law. I never expected that this would be a daily activity against the United States
10:03of America. We have to stop the President in these continuing actions where he oversteps
10:13his power and puts himself above Congress. I think we all agree that a free, quality
10:20education is a fundamental right to every child in America. It doesn't matter what state
10:26you live in, whether it's red or blue. It is crucial to America that every child have
10:34access to education, and it doesn't matter what color they are, what income they come
10:40from, whether or not they have a disability. Every child needs to learn and grow, and the
10:47public school system is what allows that to happen. If these cuts go through and the dismantling
10:54of the Department of Education proceeds, it will be catastrophic to Hawaii. While much
10:59smaller than my colleague states, Hawaii gets about, just for K-12, $250 million a year.
11:09Those monies go to school lunches in the amount of approximately $70 million a year. It goes
11:19to our special ed students to make sure that they are able to attend school with their
11:24peers. I joined this lawsuit, again, because this is a fundamental right that every child
11:36has to have access to, and we need to bring this call to action to every parent of a child
11:45in public school so that they can help fight against this dismantling. The idea that the
11:56president wants to bring education back to the states is simply an empty talking point.
12:04The states have always had the responsibility to provide the policy and basic funding for
12:12education. What the United States Department of Education does is make sure that every child can
12:19attend school in a dozen different ways that my colleagues have already described. I want to thank
12:27the people on my team who have been supporting this effort, Calico Fernandez and David Day and
12:34Tony Schwartz. Without their help, Hawaii certainly couldn't have been a part of this process.
12:40I also want to thank the other Democratic Attorneys General. We are a solid wall against
12:48the illegal actions of this administration, and we will continue to be a collective, strong force
12:57for the rule of law. Now it's my pleasure to introduce the Attorney General from the great
13:03state of New York, Letitia James. Thank you so much. It truly is an honor and a privilege to
13:11be here with my colleagues, because defunding the Department of Education will harm millions
13:18of American students, and this is what the Trump administration is trying to do by gutting the
13:24Department of Education. This effort will make it harder for students to learn and get the well
13:30rounded education they deserve, and that's why my colleagues and I are fighting back. We filed
13:36our lawsuit to put a stop to the mass layoffs and cuts to the Department of Education that this
13:41administration is trying to carry out, because we know that these cuts are aimed to end the agency
13:48as a force for good and for student access. Dismantling the Department of Education would
13:54be devastating for the over 50 million K-12 students across this country. Over 50 million
14:04children are in its crosshairs. It is their education that is at stake here. Here in New York,
14:10our K-12 schools received over $6 billion from the Department of Education last year,
14:16and as a proud product of New York public schools, I will fight to ensure they receive the support
14:23that our millions of students deserve. Additionally, New York College students
14:28receive more Pell grants than almost any other state. The most vulnerable students, those who
14:34come from low income families or have special needs, will be the most impacted by these cuts.
14:40Department of Education funds ensure that students with special needs have teachers
14:45and local workers that can support them. They provide more resources for schools that serve
14:50low-income populations, and they support schools in rural areas that often lack sufficient staff
14:57and resources. The Department of Education also defends the rights and safety of every student.
15:04The Office of Civil Rights protects students from discrimination and sexual assault, and firing staff
15:10that work in this office would put students in danger. The Trump administration's efforts to
15:16eliminate the Department of Education are not only wrong, they are illegal. And the president
15:23does not have the power to dismantle an agency that Congress established by law. And the president
15:31cannot cut off funds that Congress appropriated with a stroke of a sharpie. The administration's
15:38attempt to deprive our children of a quality of education is reckless, wrong, and immoral.
15:45And just as we have done with their other destructive policies, we are going to put
15:50a stop to it. Because for all of us, this is just another day of chaos, confusion,
15:56and contempt of government. And we won't allow it. I thank Attorneys General Bonta, Campbell,
16:04and Lopez, and all of our colleagues who have joined in this lawsuit for their partnership
16:09in this effort to protect students, and our schools, and our educators, and the many
16:17millions of families who rely on them each and every day. Today I know we will protect our
16:24students, and today I stand with my colleagues in support of the rule of law. Thank you.
16:39Raise hand icon at the bottom of your screen. You will then be moved into the queue. Please
16:44wait to speak until I invite you to state your question. We'll then unmute your mic.
16:49You may also use the Q&A feature at the bottom of your screen to ask your question.
16:54And our first question comes from Rick. Rick, you are now unmuted.
17:01Hi, thanks for doing this and for taking my question. I am a reporter with the Chronicle
17:05of Higher Education, and we've been covering what's happened in Maine with the Trump
17:11administration attempting to withhold some funding, although it's now been released,
17:15through the USDA for the University of Maine system, apparently after a spat between the
17:20governor and the president. So I'm curious, do you have any concern that cases like this could
17:26bring on retaliation from the Trump administration? I can start. I'm sure all my colleagues have
17:34something to add here. No, we signed up not only to become attorney generals of our state and take
17:42that responsibility extremely seriously. I'm the first Black woman to serve as AG in Massachusetts,
17:49and I tell my constituents, it doesn't matter that I'm the first if I don't stand up and
17:53exercise the courage that is necessary in this moment in time to fight back against an administration
17:59that seems bent on creating chaos and confusion, to create fear in our communities, and most
18:05importantly, to continue to take actions that are unlawful. We are here not only to defend the rule
18:11of law, but to protect our residents and to protect our respective states' economies. And it's our job
18:17to stand up, and we would hope that we could actually collaborate with this administration
18:21on addressing educational issues and economic issues in our respective states. But unfortunately,
18:25we continue to have to go to court to hold them accountable. And so I will continue to do that on
18:30behalf of the residents and companies and others here in Massachusetts and do it without any fear
18:36of retribution, because we know why we do this work. I know why I do this work, and most importantly,
18:43who I serve. And in this context, it is the most vulnerable who need our advocacy the most.
18:49Let me also join by saying that in another lawsuit that we brought against the Office
18:54of Management and Budget against a number of federal agencies that sought to pause federal
19:00funds, we amended our complaint to add additional federal agencies, but we also sought a motion to
19:07enforce when federal agencies unfortunately didn't continue to pause and freeze funds from a number
19:16of agencies across this nation. That issue was resolved, and we did not have to file a motion
19:23for contempt. But in the event that, in fact, this government, this federal government refuses
19:30to comply with federally court orders, we are prepared to use all of our legal options at our
19:36to use all of our legal options at our disposal.
19:42Yeah, and I'll just add that we are immovable, relentless, and unapologetic in our commitment
19:50to upholding the rule of law. It's not a lot to ask that the President of the United States follow
19:55the law and comply with the Constitution. It is foundational. It is part of who we are. This is
20:02what we do. And so the President will do what he does. He's unpredictable. He's been reckless and
20:09dangerous. And we are not concerned about that. We're concerned about the people that we're
20:14protecting. The rule of law that, when upheld, ensures that congressional intent is carried out
20:21and critical essential services are delivered to the American people. And so we're here yet again,
20:27our eighth lawsuit. And we only sue when something unlawful has been done. If all we have
20:34is political grievance or ideological difference, we have absolutely nothing to do in court.
20:39But when the law is broken by the President of the United States, it is our job, our duty. We
20:44will continue to do it, again, unapologetically and immovably, to make sure the rule of law in
20:50the United States of America is followed.
20:53And Rick, I'll just also do a quick follow-up. In my public school, if a bully like President
21:02Trump was on the playground, he would have been expelled. He would have been taken off the
21:07playground, and he would no longer be a part of our class. What he does is no different than that
21:14bully on every playground that we find in schools. And it is our job to make sure that we're strong
21:21enough to withstand whatever he wants to put forward, because what he does is simply unconscionable
21:31and unacceptable.
21:32Thank you. Our second question comes from John. John, you are now unmuted.
21:48Thank you for taking the question. I'm John Hilliard with the Boston Globe.
21:52And given the scope of cuts that have occurred at the U.S. Department of Education,
21:58I was wondering, does this suit do anything to restore any of those cuts, because there's a
22:06dramatic reduction in workforce for that agency? Or is there anything that states can do legally
22:13to compel the government to rehire these folks?
22:16This is Anne. The relief that we're seeking is to ensure that those employees who have already
22:25been ripped as part of the reduction in force are returned to their jobs, and that the money
22:32that has already been appropriated by Congress for all of the programs that exist today continue to
22:38flow. And I'll just add, in many ways, we're getting ahead of what may come. Right now,
22:46what we know to be true is that you have a president and an education secretary
22:51where their goal is to dismantle this agency in its entirety. So, number one,
22:57we are pointing out to this court and to the public that this is not going to happen.
23:03So, number one, we are pointing out to this court and to the public that they do not have
23:09the authority to dismantle an education agency or any agency that was created by Congress.
23:15It's unlawful. Second, that the functions of this agency, including those who were recently
23:22suspended or let go, they have critical functions that they serve, including, for example,
23:29here in Boston in our Civil Rights Division of the Department of Education that was shut down,
23:34critical roles that they play. And the disruption of that work and that flow of work is having a
23:41major impact on the Commonwealth, on our students, our school districts, and our families. And any
23:47potential funding threats that could come as they work to dismantle this agency as a whole
23:53will also have a devastating impact on our colleges, universities, students in K through 12
23:59and beyond, and so many other programs that these states rely on to be able to deliver education and
24:06a high quality education to our constituents. And let me say that this lawsuit basically
24:13seeks to maintain the status quo, that the actions by the Trump administration
24:18basically exceed his authority, that this is a democracy and not a unitarian type of government,
24:26that it's arbitrary, that it's capricious, and that, as was mentioned by A.G. Campbell and others,
24:34that this agency was created by Congress and that the president of the United States cannot simply,
24:40by signing with a sharpie, basically ignore the powers of Congress. He's trespassed on their
24:46powers and all that we are doing is enforcing the law which is enshrined in the Constitution
24:53and the rule of law all across this nation. And we would urge him to respect it. We have,
24:59in all of our cases thus far, we've been winning and we're confident that we will seek a TRO and
25:05ultimately a preliminary injunction and that our students and our schools will continue to operate
25:11on behalf of the American public. And I'll just add, in response to the question,
25:16that the prayer of relief at the end of our complaint sets forth the relief that we're
25:20seeking and it includes stopping, we call it enjoining, any additional actions that carry out
25:27the order to dismantle the Department of Education and it also asks for a declaration of
25:32unlawfulness or invalidity of the actions taken so far. So they would be invalid, they would be
25:38reversed. So there's a reversal component and a blockage of additional action consistent with
25:45the executive order and as A.G. James mentioned, it would bring us back to the status quo before
25:50the order was ever issued. Thank you.
25:59Our next question comes from Bianca. Bianca, you are now unmuted.
26:02Hi, I'm Bianca Quilantan with Politico. Do you have any concerns that some of these employees
26:10that have received these RIF notices may not want to come back to the Education Department after this?
26:17It just seems like there's a lot of, maybe the environment might be an issue
26:20or the work that they're being asked to might be an issue. So what are your thoughts on that?
26:24Go ahead, Anne. I want every person who's currently employed by the federal government to make their
26:32own choice about their careers and about their futures. If the Department of Education is no
26:38longer a place where they can be respected and treated with kindness and allowed to do their
26:48job to the fullest extent, then they should absolutely make a decision to leave. There are
26:55too many people who don't simply have an option to not go to work. And we're seeing that certainly
27:03in Hawaii with hundreds of federal employees applying for jobs in state government because
27:12they fear that they will be without a job very soon. So my hope is that people can return to
27:20a quality workplace where they feel proud about the public service they're engaged in. But if they
27:28cannot, because it's not that kind of environment, then that's their decision and I would support
27:34that 100 percent.
27:36Thank you. And our last question comes from Howard. Howard, you are now unmuted.
27:44Hi. I was wondering, did Congress set funding levels for the office of the Attorney General
27:52and the Office of the Attorney General? And if so, how much of that funding is going to be
27:58allocated to the Office of the Attorney General and the Office of the Attorney General?
28:03Did Congress set funding levels for the Office for Civil Rights, for example, and say where it
28:09had to be housed? I know that Congress authorized the creation of OCR. And I guess the concurrent
28:14concern is, what about the issue of the Trump administration weaponizing the OCR to produce,
28:21to pursue policies that you would actually oppose and see contrary
28:26to the proper mission of that branch of the education department?
28:33So let me just say that I don't know the funding formula for the Office of Civil Rights within the
28:41Department of Education. But I do know that if, in fact, the Office of Civil Rights were to pursue
28:47an action which is inconsistent with federally authorized civil rights statutes, that is an issue
28:57that these attorneys general would consider taking action on.
29:04And just a brief follow-up for Attorney General Bonta. Is the administration abiding by the TRO
29:14in the teacher grants case? Or are you going to have to follow up and perhaps pursue a contempt
29:21citation? Bonta or anyone else who was on that particular case?
29:27Yeah, let me first answer your first question first, then your second question second.
29:30With respect to the first question, the Office of Civil Rights within the Department of Education,
29:34that is a congressionally required function of the Department of Education. It must be fulfilled,
29:41and it is unlawful and unconstitutional for it to be dismantled the way that the Trump
29:46administration has sought to dismantle it. So, and your question, I think, is a separate question.
29:51Today, we're addressing the question of its existence, of its ongoing functionality within
29:56the Department of Education. And what it does when it's in existence, we can take that issue on
30:02if and when it happens. If it is being, it's supposed to be obviously used to protect students
30:06from discrimination, from sexual assault and discrimination based on race or ethnicity or
30:12disability and other protected classes. And so if it's not used in that way, we can take that up,
30:18do the analysis on its lawfulness or unlawfulness and take action.
30:22So far in the teacher grant case, we move quickly. Our team of AGs, as we often do,
30:28filed last Thursday, got a restraining order on Monday. We expect the orders to be followed,
30:35as we always do, and we're prepared to take steps if they're not to move to enforce and ratchet up
30:40to contempt if necessary. But the orders are the orders of the court. They must be followed by the
30:47executive branch, and we'll continue to monitor their compliance and be prepared to take any
30:52necessary steps to ensure they're enforced fully.
31:01Thank you. And that's all the time we have for questions.
31:05Bye, everyone.
31:06Thank you, colleagues.
31:07Thank you, everyone.