June 6, 2026
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11:37Now PlayingAttorneys Brian Kabateck and Shant Karnikian break down OPM's proposal for a government-wide non-disclosure agreement covering all federal employees. The NDA would bar workers from sharing information about "internal agency operations, personnel matters, procurement processes, or any sensitive pre-decisional or deliberative material." Every category maps to stories that have embarrassed Trump: Patel's erratic behavior, no-bid contracts to allies, internal opposition to executive orders. Laws protecting classified information already exist. This targets embarrassing information, not secret information. AFGE warned that OPM will "pressure agencies to make the NDA mandatory and then fire employees who refuse." The Freedom of the Press Foundation called it an attempt to "kneecap whistleblower protections." Brian walks through the constitutional problems: the language is hopelessly vague in violation of First Amendment doctrine, conflicts with Pickering v. Board of Education protecting government employees speaking as citizens on public concerns, and chills whistleblowing despite existing protections. The NDA would remain in effect five years after employees leave. Brian's prediction: struck down as unconstitutionally vague.
Kabateck LLPCall 184474CIVIL for a free case evaluation or visit us at
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