This week, Elizabeth Baxter, an intern with the department’s environmental division, became the second Justice Department employee to be fired by Attorney General Pam Bondi for abusive conduct toward federal officers. Baxter shouted profanities and flipped off a member of the National Guard in Washington, D.C., on her way to work. The termination raises legitimate free speech issues, but Baxter may have crossed the line by recounting the abuse at work.
We recently addressed the effort to charge Sean Charles Dunn, another DOJ paralegal, with a felony over assaulting a Customs and Border Protection agent with a sandwich. A D.C. grand jury refused to issue an indictment and he will now face a misdemeanor after being fired by the Justice Department.
Baxter is different in that she is not accused of any assault. According to the New York Post, after arriving at a DOJ building on the morning of August 18, Baxter bragged to a security guard about how she had just made the gesture at the Metro Center Metro Stop. She also recounted how she told the guardsman, “F–k the National Guard.”
The protest itself would seem protected speech. There is no indication that Baxter referenced her position at the Justice Department when she engaged in this profane protest. This was not done during work hours.
DOJ guidelines affirm that employees may:
– Express opinions on political subjects and candidates.
– Campaign for or against a referendum, constitutional amendment or ordinance.
– Participate in civic, professional and other similar activities.
– Sign a political petition.
– Display signs, stickers, badges or buttons for candidates for partisan political office except when on duty.
However, those same guidelines state that employees may not:
“Participate in political activities (to include wearing political buttons) while on duty; while wearing a uniform, badge or insignia of office; while in a government occupied office or building; or while using a government owned or leased vehicle.”
Baxter’s desire to repeat the protest to a security officer at the DOJ moved the matter into the workplace. Not only did security footage capture her flipping off the National Guardsman and exclaiming, “F–k you!” but she is also seen demonstrating to a department security guard how she held up her middle finger. She boasted to the security guard that she hated the National Guard and that she told them to “F–k off!”
The conduct inside the Justice Department could be cited as sufficient grounds for termination. The repetition of the protest to the DOJ security could be seen as disrespecting their positions and interjecting her political views into the workplace.
Baxter could, within 30 days, file with the Merit Systems Protection Board to challenge the action. I expect that she is likely to do so. She can claim that she was not insulting the security officer or making a political statement in the building’s lobby. However, she elected to repeat the political expression inside the federal building to at least one other federal employee during office hours. As such, she destroyed much of the constitutional protection afforded to her earlier statements and demonstration.
One can only imagine how this uncouth and entitled young woman would’ve reacted had it been the security guard bragging about an off-duty incident she considered offensive. My guess is straight to HR demanding termination for the guard and a paid mental health break for her.
“We don’t deserve him!”
– Greg Gutfeld
__________________
Clear out the communists!
Mr Turley… it’s called professional standards.
I hope that the intern, Ms Elizabeth Baxter, will recognize the value the education provided to her by the DOJ but so far she seems inhibited by thought. Mark Twain gave good advice to think before speaking, “It is better to keep your mouth closed and let people think you are a fool than to open it and remove all doubt.”
Government employe has become a bastion for these people, thanks to O’bacala and Biden. It will take more 3 years 4 months to identify them and replace them with the most competent.
Cleaning the swamp rats out of the deep state is more onerous than Hercules cleaning the Augean stables.
I am a retired federal employee. This person was an intern, not a staff employee. Interns are, by definition, temporary hires with correspondingly minimal rights who hope to be picked up full time at some later date. I suspect she is gone.
Totally depends on her race, unfortunately.
There’s a simple explanation as to why government employees think they can get away with such “Stunts”.
From what I understand, in the private sector, the termination rate is something just North of 12%, whilst in the Federal Government, the termination rate is less than 1%. Let that sink in for a few minutes.
Congress, if they have the guts to do it, which I seriously doubt they do, show make a law making all federal employees “at will” employees. Furthermore, the vast majority of government employees should be paid and treated exactly as folks are in the private sector.
All members of Congress and the Judiciary should be term-limited. Also, because they’re public servants, they shouldn’t be able to parlay their positions into multi-million dollar empires (Think Nancy P. Lousy & her hubbie).
Finally, how many of us we be going up the river on felony charges if we assaulted our local cops with a sandwich? If I’m not mistaken, isn’t assaulting a police officer an automatic felony in most jurisdictions?
Suffice to say our country is all upside down, and unless it’s turned right-side up, the future doesn’t bode well for those of us ordinary peons just tryhing to do the best we can with the cards we’ve been dealt.
What I don’t understand is this thing on the left where they blame the individual guardsman. This is just like back in Vietnam where they would spit on draftees. The guardsman is just following orders to stand there, not hurting anyone. Yelling and spitting and cursing at him does not do anyone any good. I don’t understand it.
(It would be different if the guardsman was following an unlawful or even immoral order, but it’s hard to blame someone who is ordered to just stand on a street corner keeping the peace)
Yell at the politicians. Curse the generals. But don’t attack the working class guy just trying to get through the day.
We taught our son this when he was 4.
He’s 43 now, and a Captain for a Major Airline with lovely wife and 3 wonderful teenagers who follow the checklist too.
Common Sense Checklist
Note: You must answer YES to all 4 questions to proceed.
1. Is it SAFE?
2. Is it LEGAL?
3. Is it MORAL?
4. Does it MAKE SENSE?
WARNING: Failure to answer each question honestly may result in embarrassment, loss of finances, loss of freedom, or loss of life.
Jeanine “BoxWine” Pirro strikes out !!!!
The DC grand jury refuses to indict Alvin Summers on a charge of assaulting a police officer.
This is the third strike for Pirro (that we know about).
https://www.rawstory.com/jeanine-pirro-2673940590/
There are at least 17 other people are facing the same charges.
Their fate in the grand jury has not been revealed as yet.
Let’s think about what is going on here.
Trump sent the NG to DC to quell the non-existent “crime wave”
The people who live in DC have been out actively protesting this invasion of their city by the NG. Many of them are being arrested on felony charges of assaulting a police officer. The DC grand jury, composed of people who live in DC, are absolutely refusing to indict their neighbors on absurd, “TRUMPED” up charges.
This absurd charade is nothing more than performative nonsense designed to rile up the MAGA mob, who don’t even live in DC, like the morons that infest this worthless blog.
And then there is reality, from people who live in DC.
Trump’s DC takeover caused violence to plummet 45%, Dem mayor admits — as residents, biz owners say, ‘we feel much more safe’
“We know that when carjackings go down, when use of gun goes down, when homicide or robbery go down, neighborhoods feel safer and are safer,” the mayor said.
https://nypost.com/2025/08/27/us-news/trumps-dc-take-over-wins-praise-from-residents-biz-owners-as-crime-plummets/
DC Mayor PRAISES Trump After Drop In Violent Crime, Says Federal Presence Is WORKING
https://thehill.com/video/dc-mayor-praises-trump-after-drop-in-violent-crime-says-federal-presence-is-working-trending/11022106/
In DC at 3 pm Wed., a woman was stabbed just off a busy intersection on H Street, NE.
National Guard members were dining al fresco at a taqueria DIRECTLY across the street, yet the suspect got away.
So, actual criminals get away as the NG watches, while local residents are arrested for assaulting police officers.
Can you prove the NG actually witnessed the stabbing? Were even aware it happened?
And those local residents were arrested for assaulting LEOs. Not really surprising deep Blue, illiberal DC grand jury would not indict a fellow illiberal. We all know this.
George / Svelaz is just jealous no man in a military uniform would ever dine with xim/xer/dem because skanks repel hot virile masculine hirsute males, the types George salivates in the bedroom while cruising on gay hookup sites.
Truth be told if a virile NG soldier walked past George, he would piss in her panties and bendover, then pray to God for a miracle hookup
bwahahahahahaha
🤡
Love how you hide under anonymous…afraid to own your ignorant comments? Guess you prefer crime in DC…just because of TDS. BTW, Guardsmen are allowed to have meals…had they jumped away from the table you would have undoubtedly called them thieves for not paying. Anonymous, indeed…better is coward.
Typical of most libs. They hide everything.
UpFar
Why do you sign your comments and then proceed to appropriate another poster’s “signature” bold-font format? Why is your pen name insufficient?
If crime is so nonexistant then why is Newsome deploying state troops to failed CA cities? Or is that nothing more than performative nonsense?
John Kennedy Says ‘This Is What It Takes’ To Stop Gavin Newsom From Acting Like ‘A Princess’
“[Newsom] has surprised all of us and done something intelligent. He has decided to send the California state police into his major cities to help local cops fight crime and violence. Now you don’t have to be a senior at Caltech to know that’s in response to the Trump administration’s threat to send in federal law enforcement officials, but look, I’ll take it. If that’s what it takes to get Governor Newsom to stop being a princess, I’ll take that too,” Kennedy said.
https://dailycaller.com/2025/08/29/john-kennedy-gavin-newsom-crime/
Upstate.
You just nailed it. We have no crime, but bring out the CHP.
Hmmmm no crime right?
Blame DC people you fool
“Trump sent the NG to DC to quell the non-existent ‘crime wave’.”
Really? Tell that to Mayor Bowser and all the DC citizens who are thanking the NG for quelling the crime wave. Carjackings are down some 80%! I’d call that quelling a crime wave.
We are beginning to see the first level of the Swamp’s 9 levels of hell. Little by little we will see these anaerobic slugs become visible as their TDS and concomitant hatred of America force their rage to the surface.
Just imagine what lurks in the next 8 levels.
As a parent I would be ashamed if one of my 3 acted like these two people. It is also more of a shame that the parents raised their children with such disrespect for others, especially the military that provides the protection for their free speech. Perhaps they relied on the village (society) to raise the children. I am guessing it was the wrong village?
I was in the lottery for the Viet Nam war and protested peacefully. I obtained a conscientious objector status on the grounds that I would protect American soil as well as my property and family. I could not go and fight a war somewhere else with a country that had not attacked us. No matter how I felt at 18-22 and beyond I still maintain respect for other people.
If she wins her case and is returned to work, assign her to the basement without cell or Wi-fi coverage, no access to a computer or any kind of smart device and make her Chief Envelope Stuffer. Give her a 1,000 envelopes an hour quota. If she misses those quotes three times she gets written up three times and on the fourth missed quota gets fired for failure to perform her duties as Chief Envelope Stuffer.
Are you forgetting the democrat controlled unions? There should be a decision from SCOTUS that government unions are unconstitutional and that would end a heck of a lot of problems that we have.
Yes, government unions are essentially the Democratic Party negotiating with itself at contract times. The work is never going overseas.
Didn’t there used to be a charge called, “verbal assault”?
Assault is frequently verbal. You are probably familiar with the term “assault and battery”. The touching is the battery. The threatening behavior prior to the touching is the assault. It could be a verbal threat, raising a fist, pointing a gun. It is possible to have a battery without and assault ( i. e., attacking from the rear). The assault is putting a person in fear of imminent harm.
I know that is not how the terms are used by generally. I don’t really know why.
In this case I don’t think it was assault because the armed Guardsman was unlikely to have been frightened by this fool.
“In this case I don’t think it was assault because the armed Guardsman was unlikely to have been frightened by this fool.”
You’re skeptical that he feared her violating him with her middle finger?
Isn’t there anyone working for the government who’s an at-will employee and can be fired without having to show cause?
“Isn’t there anyone working for the government who’s an at-will employee and can be fired without having to show cause?
“…can be fired without having to show cause?”
Federal: No
States: Yes, An employer can terminate an employee at any time, for any reason that is not illegal. (Except Montana, must have ‘Good Cause’)
First it must be determined if They are a Federal, State, or Private Employee or Contractor.
[Thinking more of Fed Governor Lisa Cook, is she a federal Employee or Private Institution? Then which Employment Laws would apply (See below) What is the Federal Reserve in terms of an Employer? is it Independent or part of the US Government? Quasi What? like a Transgender Entity – I digress…]
ANSWER:
There is no single Federal “at-will employment law”; rather, at-will employment is a common law doctrine that allows employers or employees to terminate the employment relationship at any time, for any reason, or no reason at all, without prior notice, though this right is subject to federal and state laws that prohibit termination for illegal reasons. Key federal laws that create exceptions to at-will employment include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), which prohibit discrimination based on protected characteristics. Federal employees, however, are generally not subject to at-will employment, as they are protected by civil service laws and must be fired “for cause” through a structured process with due process rights
–
All US states are at-will employment states except for Montana, which requires “good cause” for termination after a probationary period. In the other 49 states, employers and employees can generally end the employment relationship at any time for any lawful reason, though federal and state laws provide numerous exceptions to this rule.
What is At-Will Employment?
For the Employer: An employer can terminate an employee at any time, for any reason that is not illegal.
For the Employee: An employee is free to resign from their job at any time for any reason.
Montana: The Exception
Montana’s Wrongful Discharge From Employment Act (WDEA) requires that an employer have “good cause” for termination once an employee has completed a probationary period, typically six months.
Common Exceptions to At-Will Employment (Applicable in Many States)
Even in at-will states, these exceptions can protect employees from wrongful termination:
Public Policy Exception:
Prohibits firing an employee for refusing to perform an illegal act or for reporting illegal activity.
Implied Contract Exception:
An employer’s statements in an employee handbook or contract may create an implied promise of job security.
Covenant of Good Faith and Fair Dealing:
In some states, employers are obligated to act in good faith and deal fairly with employees.
Important Considerations
Federal Laws:
All employers must still adhere to federal laws that prohibit discrimination based on race, sex, age, disability, and national origin, as well as laws protecting whistleblowers.
State Law Variations:
While all states except Montana are considered at-will, the specific exceptions and limitations to at-will employment can vary significantly from state to state.
“Key federal laws that create exceptions to at-will employment include”
The announced objective of the original Federal Civil Service Act of 1883 was to eliminate political patronage employees, which superficially appears to be a laudable end. That initiative ignored one crucial fact: that those patronage employees lost their jobs when the politician responsible for their hiring was defeated at election. Problems resulting from patronage hiring, therefore, tended to be related to individual employees, not structural, and were self-correcting over the short to medium term. What was actually accomplished by establishing the (allegedly) non-partisan Civil Service was to establish a permanent bureaucracy of unaccountable employees whose actual employers (the American people) were no longer afforded any means whatsoever to control or dismiss them. The results should have been predictable. Trump made a stab at Civil Service reform in his first term (all overturned by Biden). If he actually wanted to rescue the US from a probably ignoble end, his most effective tactic might be to double down on that reform, and, if Republicans control both Houses after the 2026 midterms, take the initiative to do away with Civil Service entirely, and make virtually every unelected Federal employee subject to employment-at-will.
If the Merit Protection Systems Review Board gets the dispute I hope Jonathon shares the outcome. There are two worthy interests in play. One is protected speech. The other is when you take the king’s silver you do the king’s business.
Another lefty who loves crime, death, murder and mayhem. I just don’t get it.
Maybe the currently unemployed sandwich-assaulting DOJ lawyer, Ms. Baxter, and the “I’m an AG” Rhode Island attorney can team-up and form a new law firm. There sure appears to be a substantial portion of the population that would use their services.
Don’t worry about “sandwich man”. He will be hailed as a hero and will have offers from many law firms. Even if he were disbarred in DC like Kevin Clinesmith he would be promptly reinstated as a member in good standing, just like Clinesmith was, or offered a legal consultant position with MSNBC (future MS NOW) or CNN
We are all so conscious of bullying of our young, but what about bullying adults and those who serve. Have we learned nothing from the Vietnam era when our returning soldier were dishonored and abused? This is the same thing but the 2025 version. Imagine if this was a reverse action — the girl would have sued! Road rage is another form of bullying — belittling some one you don’t like — just because. The girl can’t be part of a government job because she represents the more than herself and should be held to a higher standard.
What ever happened to the code …”Live and let live”!