Montana Attorney General Austin Knudsen is leading a coalition of 22 states in supporting President Donald J. Trump's "Fork Directive." This directive offers buyouts to federal employees who choose to resign, with the aim of reallocating government resources more efficiently.
In an amicus brief filed Sunday, Attorney General Knudsen urged the United States District Court in Massachusetts to deny a temporary restraining order (TRO) sought by plaintiffs in the case American Federation of Government Employees, AFL-CIO, et al. v. Charles Ezell, Acting Director, Office of Personnel Management, et al. The states involved argue that they have a vested interest as thousands of federal workers are employed within their borders and interact frequently with state governments.
"President Trump’s directive will go a long way in creating a smaller, more effective federal workforce, which is what Americans want," said Attorney General Knudsen. He emphasized that President Trump should be allowed to manage the federal workforce without interference.
The directive allows federal employees to accept deferred resignation immediately while receiving pay and benefits through September 30. Despite being temporarily halted by a judge last week, further court proceedings are scheduled for Monday. By February 6, approximately 65,000 federal employees had accepted the offer.
The attorneys general argue against granting the TRO on grounds that Article II of the U.S. Constitution grants the President executive power over federal employment matters. They contend that this includes offering voluntary deferred resignation.
Supporters point to strong acceptance rates among federal workers and cite public opinion data suggesting Americans favor reducing government size and inefficiency. "The American people elected a president who repeatedly made clear his desire for a more efficient, smaller government," states the brief.
Plaintiffs claim that the directive is unlawful and would cause irreparable harm but have also requested its implementation under relaxed timelines—an inconsistency noted by defendants. The attorneys general assert that such shifts in legal strategy should not be permitted at this stage.
Attorneys general from Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Dakota Oklahoma South Carolina South Dakota Tennessee Texas Utah West Virginia joined Knudsen's filing.