Note to staff
VOA director provides update after US Court of Appeals hears oral arguments
By Michael Abramowitz, VOA director
Published
Dear Colleagues,
I write to share a few updates concerning Voice of America.
This past Thursday, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit held a hearing to consider the government’s appeal of Judge Lamberth’s order last fall blocking my removal as VOA director.
The Justice Department’s attorney advanced two principal arguments: first, that my claim should be heard by the Merit Systems Protection Board (MSPB) rather than in federal court; and second, that the law restricting the president’s ability to remove the VOA director without a vote of the International Broadcasting Advisory Board (IBAB) is unconstitutional. According to news reports, the judges reacted with some skepticism to these arguments, though it is always difficult to predict outcomes based on oral argument. My attorneys expect a ruling within the next several months.
Meanwhile, the core of the two lawsuits filed by me and other VOA plaintiffs remains in limbo as we await the government’s appeal of Judge Lamberth’s order returning federal staff from administrative leave. Briefs are due this summer, with a hearing likely to be scheduled for the fall. In the meantime, plaintiffs’ counsel is seeking to enforce Judge Lamberth’s directive requiring USAGM to produce a “reconstitution plan” for Voice of America and provide status reports on the judge’s order that all the actions to close down VOA be withdrawn. I will keep you updated as developments unfold.
On a related legal matter, Gilbert Employment Law has filed a class action on behalf of agency employees who separated under VERA, VSIP, or the DRP. The lawsuit follows Judge Lamberth’s finding that Kari Lake did not have the authority to take various actions during her tenure at USAGM. The plaintiffs argue that, as a result, the separation offers extended during this period are legally “voidable.”
In addition, VOA journalists Barry Newhouse, Ayesha Tanzeem, Ksenia Turkova and Dong Hyuk Lee have filed a complaint against USAGM for firewall violations related to its management of VOA. The plaintiffs argue that USAGM is violating the VOA Charter and the Constitution by interfering with VOA’s journalism. This case is also in Judge Lamberth’s court.
On Capitol Hill, the House Appropriations Committee is working on a USAGM spending plan for FY 2027. At present, roughly 200 employees remain at the agency, broadcasting in just six languages. This is a far cry from what once existed—and from what is needed to project credible news and information globally, particularly in an environment saturated with messaging from China and Russia. I remain hopeful that lawmakers will continue to support Voice of America on a bipartisan basis.
In closing, I want to express my gratitude to those who are supporting VOA employees during this difficult period. This includes colleagues who are volunteering to assist with job searches, as well as the lawyers representing many of us in ongoing litigation. It also includes the American University business and communications schools, which are sponsoring a boot camp to help USAGM journalists develop the skills needed to launch new media ventures.
Thank you to all. You remain very much in my thoughts.
With respect,
Mike