In Thursday’s hearing in San Francisco, California, Judge Alsup countered the DOJ lawyer’s arguments from the bench, citing evidence including termination letters that stated the firings were carried out on OPM’s instructions.

“That should not have been done in our country,” Judge Alsup said. “It was a sham in order to avoid statutory requirements.”

Danielle Leonard, a lawyer representing a coalition of government employee unions, said probationary employees were targeted because they lacked the right to appeal.

During the hearing, Judge Alsup also lamented the firing of a government worker in Albuquerque, New Mexico who had been given top marks for performance but was then issued a pink slip citing performance as the cause of their termination.

“I just want to say it is a sad day when our government would fire a good employee and say it’s for performance when they know good and well that’s a lie,” Judge Alsup said.