Law be damned, Trump asserts unilateral control over executive branch, federal service (10 Viewers)

Following the Project 2025 playbook, in the last week, Trump and his newly installed loyalists have moved to (1) dismiss federal officials deemed unreliable to do his bidding (including 17 inspectors general) - many of which have protections from arbitrary dismissal, (2) freeze all science and public health activity until he can wrest full control, (3) freeze all federal assistance and grant activity deemed inconsistent with Trump's agenda, and (4) moved to terminate all federal employee telework and DEI programs.

The problem is much of this is controlled by federal law and not subject to sudden and complete change by the president through executive order. Most notably is the Impoundment Control Act of 1974 that simply codifies what is the constitutional allocation of resources where Congress appropriates money to the executive branch for a specific purpose, the executive branch must carry out that statutory purpose. This is indeed a constitutional crisis and even if Congress abdicates to Trump by acquiescing, the courts must still apply the law - or rule it unconstitutional.

And meanwhile the architect of much of this unlawful action is Russell Vought, Trump’s OMB nominee who the Senate appears ready to confirm.

superchuck500 said:

In the last week, Trump and his newly installed loyalists have moved to (1) dismiss federal officials deemed unreliable to do his bidding (including 17 inspectors general) - many of which have protections from arbitrary dismissal, (2) freeze all science and public health activity until he can wrest full control, (3) freeze all federal assistance and grant activity deemed inconsistent with Trump's agenda, and (4) moved to terminate all federal employee telework and DEI programs.

The problem is much of this is controlled by federal law and not subject to sudden and complete change by the president through executive order. Most notably is the Impoundment Control Act of 1974 that simply codifies what is the constitutional allocation of resources where Congress appropriates money to the executive branch for a specific purpose, the executive branch must carry out that statutory purpose. This is indeed a constitutional crisis and even if Congress abdicates to Trump by acquiescing, the courts must still apply the law - or rule it unconstitutional.

And meanwhile the architect of much of this unlawful action is Russell Vought, Trump’s OMB nominee who the Senate appears ready to confirm.

120. The Impoundment Crisis of 2025

The Trump administration's Monday spending freeze is likely to provoke a crisis over the constitutionality of "impoundment"—one that the justices could well have to resolve *very* soon.

www.stevevladeck.com

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Chuck,
I have tremendous respect for the way you frame things. You're always very sober, and base your analysis on the law, so you've been reticent to raise the alarm about the potential actions that Trump would take. The problem with evaluating and predicting any actions that Trump may take is that he has shown that he doesn't care about the law, and he doesn't think he can be stopped. Eventually some of the actions may be reversed, but he will have caused the damage he sought. He knows he is protected by the Supreme court's immunity verdict, and impeachment is essentially impossible, because Republicans don't care enough, so he is probably right that he can't be stopped.

Trump Admin 2.0 Motto: What if I did it anyway?

Lapaz said:

Chuck,
I have tremendous respect for the way you frame things. You're always very sober, and base your analysis on the law, so you've been reticent to raise the alarm about the potential actions that Trump would take. The problem with evaluating and predicting any actions that Trump may take is that he has shown that he doesn't care about the law, and he doesn't think he can be stopped. Eventually some of the actions may be reversed, but he will have caused the damage he sought. He knows he is protected by the Supreme court's immunity verdict, and impeachment is essentially impossible, because Republicans don't care enough, so he is probably right that he can't be stopped.

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I appreciate your comments - and I also get that it may seem foolish to think that there's a check on Trump's apparent assertion of unitary executive theory. In all honestly, I just don't know what else there is to think may happen. But I do believe in the law and the process and we can start by noting that Trump's birthright citizenship order was enjoined in less than 48 hours.

It is true that the president has criminal immunity for acts taken within the sphere of his official duties - but that doesn't mean the end of the constitutional system of government. Certainly his staff and officials don't have liberty to ignore federal court orders without recourse including contempt. We'll see just how brazen they will be but until we get to full-blown constitutional crisis, with Trump resisting or instructing the resistance of a federal court order - especially a Supreme Court order - but until then I think we still have to believe that checks and balances system will prevail, at least in the most part.

Otherwise, what are we left with? Either despair or insurrection? These people aren't as smart as they think they are - we just have to be patient and continue to believe in the system because it still deserves it IMO and the alternatives suck.

Optimus Prime said:

Trump Admin 2.0 Motto: What if I did it anyway?

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Trump isn't the only president to undertake course of action that was contrary to federal statutory law. Yes, it's particularly brazen in that it seems to be based on loyalty and a broad zero-sum "agenda" rather than more surgical policy areas, but it's not unprecedented. Generically, it's quite common.

The question is whether the checks and balances respond. Congress clearly (and this has actually been the case for quite some time that Congress has been abdicating power to the president) has little will to stand up to the president - but it's not powerless.

My exposure/perspective to this is from an NIH research funded lab. We currently have a Dept of Defense grant in addition to some NIH money, but the DoD one is still Federal money.

Study sections that review grant applications for the following fiscal year have been suspended (this happened about a week ago) - we submitted a grant back in October but that particular study section hadn't started yet, so we're in that suspended boat with everyone else.

I have no idea how last night's decision affects funding for Federal/NIH grants that have already been approved and awarded with ongoing payments, I have yet to find any specific information about this.

The worst case scenario is that everything grinds to a halt - this would include ongoing clinical trials, animal/biological research using grants that have already been approved, and study sections for submitted grants and subsequent release of awarded funds. This will directly affect laboratory staff whose paycheck is coming out of the grants (this includes myself and everyone in my lab, and everyone in all other labs in every department throughout the university unless they have private industry funding - which is very rare).

All things considered, my lab is a very small fish in a very big ocean, and the immediate domino effect will not be limited to just people/institutions receiving Federal funding directly, rather all the private industry vendors that we purchase supplies from will be hurting as well.

LonghornSaint said:

I have no idea how last night's decision affects funding for Federal/NIH grants that have already been approved and awarded with ongoing payments, I have yet to find any specific information about this.

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I do. They've been paused. We receive funds from HRSA (agency of HHS). We've been told no further draw downs of money can be done until at least February 10th. A colleague of mine still in higher ed says colleges can't draw down Pell Grants and other funds (i.e., TRIO, Upward Bound, etc.). This order is a big fork you to everyone including those who supported this man.

GrandAdmiral said:

I do. They've been paused. We receive funds from HRSA (agency of HHS). We've been told no further draw downs of money can be done until at least February 10th. A colleague of mine still in higher ed says colleges can't draw down Pell Grants and other funds (i.e., TRIO, Upward Bound, etc.). This order is a big fork you to everyone including those who supported this man.

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What a screw-up! The spokesperson doesn’t even know all of the effects. Instead of evaluating the effects before issuing the order, it is typical Trumpian to cause a wreck, without understanding who they would hurt.

Lapaz said:

What a screw-up! The spokesperson doesn’t even know all of the effects. Instead of evaluating the effects before issuing the order, it is typical Trumpian to cause a wreck, without understanding who they would hurt.

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Said this back in his first term and nothing has changed since then

READY
FIRE
AIM

I'll get my popcorn.

Bayouboy said:

I'll get my popcorn.

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Not if you're buying it with SNAP

GrandAdmiral said:

I do. They've been paused. We receive funds from HRSA (agency of HHS). We've been told no further draw downs of money can be done until at least February 10th. A colleague of mine still in higher ed says colleges can't draw down Pell Grants and other funds (i.e., TRIO, Upward Bound, etc.). This order is a big fork you to everyone including those who supported this man.

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***UPDATE***

After an entire day of errors and denials in logging into the draw down system to do requests, they have now miraculously come back online. forking idiots didn't expect the backlash.

superchuck500 said:

Not if you're buying it with SNAP

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that is supposed to not be effected but you know trumps promises.

superchuck500 said:

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Okay so less than 24 hours after the OMB freeze, a federal judge has ordered it halted.

superchuck500 said:

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That's for all of the union workers who voted for MAGA. He'll put people in their position willing to the the billionaires business. MAGA union workers will be very happy.