How probationary firings are ‘devastating’ to cyber, national security; In light of court rulings, some fired probationary employees are being reinstated

The NSA’s former top cybersecurity official told Congress on Wednesday that the Trump administration’s attempts to mass fire probationary federal employees will be “devastating” for U.S. cybersecurity operations. In testimony to the House Select Committee on the Chinese Communist Party, Rob Joyce, the former NSA cybersecurity director who retired from government service last year, warned lawmakers that countering Chinese hacking campaigns against critical infrastructure will require top-level cybersecurity talent at the NSA and other government agencies. Joyce said that part of that is having expertise and capacity in the government, raising “grave concerns that the aggressive threats to cut U.S. government probationary employees will have a devastating impact on the cybersecurity and our national security.” Joyce, who spent 34 years at the NSA, emphasized how important those employees are in sustaining an aggressive stance against China in cyberspace. A federal appeals body within the executive branch issued an order Wednesday to temporarily reinstate thousands of fired probationary workers in the U.S. Department of Agriculture in what advocates hailed as an important win for fired employees. The decision from the Merit Systems Protection Board, a quasi-judicial body within the government, grants a Friday request from the Office of Special Council, an independent government investigator, to stay the termination of an unnamed former employee and over 5,000 others who were similarly situated. The decision from MSPB also comes on the heels of another win for fired probationary workers in federal district court in San Francisco. U.S. District Judge William Alsup granted temporary, limited relief to pause and rescind those firings at several agencies, finding that OPM likely unlawfully directed the firing of those agency workers. That order has similarly prompted reinstatements. Since the court decision, the National Science Foundation moved to reinstate its fired federal probationary workers, citing the federal courts and updated guidance from the Office of Personnel Management. The Daily Scoop Podcast is available every Monday-Friday afternoon. If you want to hear more of the latest from Washington, subscribe to The Daily Scoop Podcast  on Apple Podcasts, Soundcloud, Spotify and YouTube.