Law be damned, Trump asserts unilateral control over executive branch, federal service (5 Viewers)

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superchuck500

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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.





 
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They cannot even write 2 sentences without a contradiction. Truly bizarre.

Also, why the ban on family planning? Since when is contraception bad?
 
As promised by Russell Vought and Project 25, Trump has gone ahead with the unilateral route of canceling the relevant regulations and implementing Schedule F - which converts a group of about 25,000 federal officials with jobs relating to policy from protected career civil-servants to at-will employees. This effectively rolls-back anti-patronage laws that began in 1870.

But don't worry, the guidance says "no patronage!"

The Office of Personnel Management on Monday issued guidance to agency heads on how to implement Schedule F—now renamed Schedule Policy/Career—setting up a 90-day deadline for initial agency filings and a potentially massive legal battle over the president’s authority over the executive branch.

When President Trump signed an executive order last week reestablishing the controversial plan to strip tens of thousands of federal workers in “policy-related” positions of their civil service protections, it was unclear how the new administration would unwind Biden-era regulations aimed at blocking the policy’s revival, though most experts agreed that officials would need either to issue a notice of proposed rulemaking or an interim final rule.

But according to Acting OPM Director Charles Ezell's memo to agency heads, the administration is claiming that the president has the constitutional authority to unilaterally rescind regulations governing federal personnel issues.

“In [the executive order], President Trump used his authority under the Constitution and [Title 5 of the U.S. Code] to directly nullify these regulations,” Ezell wrote. “Section 4 of [the order] provides that, until OPM effectuates their formal rescission ‘[these regulations] shall be held inoperative and without effect.’ This presidential directive immediately superseded OPM regulations issued using delegated presidential authority.”

As such, agencies may immediately begin the work of compiling lists of “policy-related” jobs, and OPM has set an initial deadline of April 20 for agencies to submit initial petitions to reclassify workers outside of the competitive service. The guidance also indicated that a second executive order will be published later this spring to “effectuate the transfers.”

 
Where are all the folks who said Project 2025 wasn’t Trump’s policy nor plan? And that he wasn’t really to do any of those things?

Also-Chuck - can he be stopped from making all of these positions his patsies?
 
Where are all the folks who said Project 2025 wasn’t Trump’s policy nor plan? And that he wasn’t really to do any of those things?

Also-Chuck - can he be stopped from making all of these positions his patsies?

The worst part is that they let him get away with this highly important and obvious lie. There’s only one reason for him to lie about it: he knew it wasn’t popular.

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My wife’s company is a USAID contractor and they’ve had about 95% of their contracts given stop work orders. She said some of them are well thought out and allow for an orderly shutdown and paying salaries but no new activities… and others are just stop immediately. No rhyme or reason to it.
 
I cannot remember where I read it - it may have even been on here, lol - but I agree with the person who said that Trump’s master plan is to privatize everything. He will reward billionaire cronies with fat contracts for all the usual government activities- once he has torn the federal government down.

Private education, veteran’s healthcare, prisons, Medicare and Medicaid, private weather forecasting, private mail, you name it, someone wants to privatize it.

The parts that he cannot privatize he will just dismantle.
 
I'm currently on the road but thought I'd drop this here. This went out to all federal civilian employees including me. Crazy.

----

During the first week of his administration, President Trump issued a number of directives concerning the federal workforce. Among those directives, the President required that employees return to in-person work, restored accountability for employees who have policy-making authority, restored accountability for senior career executives, and reformed the federal hiring process to focus on merit. As a result of the above orders, the reform of the federal workforce will be significant.

The reformed federal workforce will be built around four pillars:
1) Return to Office: The substantial majority of federal employees who have been working remotely since Covid will be required to return to their physical offices five days a week. Going forward, we also expect our physical offices to undergo meaningful consolidation and divestitures, potentially resulting in physical office relocations for a number of federal workers.
2) Performance culture: The federal workforce should be comprised of the best America has to offer. We will insist on excellence at every level — our performance standards will be updated to reward and promote those that exceed expectations and address in a fair and open way those who do not meet the high standards which the taxpayers of this country have a right to demand.
3) More streamlined and flexible workforce: While a few agencies and even branches of the military are likely to see increases in the size of their workforce, the majority of federal agencies are likely to be downsized through restructurings, realignments, and reductions in force. These actions are likely to include the use of furloughs and the reclassification to at-will status for a substantial number of federal employees.
4) Enhanced standards of conduct: The federal workforce should be comprised of employees who are reliable, loyal, trustworthy, and who strive for excellence in their daily work. Employees will be subject to enhanced standards of suitability and conduct as we move forward. Employees who engage in unlawful behavior or other misconduct will be prioritized for appropriate investigation and discipline, including termination.

Each of the pillars outlined above will be pursued in accordance with applicable law, consistent with your agency's policies, and to the extent permitted under relevant collective-bargaining agreements.

If you choose to remain in your current position, we thank you for your renewed focus on serving the American people to the best of your abilities and look forward to working together as part of an improved federal workforce. At this time, we cannot give you full assurance regarding the certainty of your position or agency but should your position be eliminated you will be treated with dignity and will be afforded the protections in place for such positions.

If you choose not to continue in your current role in the federal workforce, we thank you for your service to your country and you will be provided with a dignified, fair departure from the federal government utilizing a deferred resignation program. This program begins effective January 28 and is available to all federal employees until February 6. If you resign under this program, you will retain all pay and benefits regardless of your daily workload and will be exempted from all applicable in-person work requirements until September 30, 2025 (or earlier if you choose to accelerate your resignation for any reason). The details of this separation plan can be found below.

Whichever path you choose, we thank you for your service to The United States of America.
*********************************************************************

Upon review of the below deferred resignation letter, if you wish to resign:
1) Select “Reply” to this email. You must reply from your government account. A reply from an account other than your government account will not be accepted.
2) Type the word “Resign” into the body of this reply email. Hit “Send”.


THE LAST DAY TO ACCEPT THE DEFERRED RESIGNATION PROGRAM IS FEBRUARY 6, 2025.

Deferred resignation is available to all full-time federal employees except for military personnel of the armed forces, employees of the U.S. Postal Service, those in positions related to immigration enforcement and national security, and those in any other positions specifically excluded by your employing agency.
DEFERRED RESIGNATION LETTER
January 28, 2025
Please accept this letter as my formal resignation from employment with my employing agency, effective September 30, 2025. I understand that I have the right to accelerate, but not extend, my resignation date if I wish to take advantage of the deferred resignation program. I also understand that if I am (or become) eligible for early or normal retirement before my resignation date, that I retain the right to elect early or normal retirement (once eligible) at any point prior to my resignation date.
Given my impending resignation, I understand I will be exempt from any “Return to Office” requirements pursuant to recent directives and that I will maintain my current compensation and retain all existing benefits (including but not limited to retirement accruals) until my final resignation date.
I am certain of my decision to resign and my choice to resign is fully voluntary. I understand my employing agency will likely make adjustments in response to my resignation including moving, eliminating, consolidating, reassigning my position and tasks, reducing my official duties, and/or placing me on paid administrative leave until my resignation date.
I am committed to ensuring a smooth transition during my remaining time at my employing agency. Accordingly, I will assist my employing agency with completing reasonable and customary tasks and processes to facilitate my departure.
I understand that my acceptance of this offer will be sent to the Office of Personnel Management (“OPM”) which will then share it with my agency employer. I hereby consent to OPM receiving, reviewing, and forwarding my acceptance.
*********************************************************************
Upon submission of your resignation, you will receive a confirmation email acknowledging receipt of your email. Any replies to this email shall be for the exclusive use of accepting the deferred resignation letter. Any other replies to this email will not be reviewed, forwarded, or retained other than as required by applicable federal records laws.
Once your resignation is validly sent and received, the human resources department of your employing agency will contact you to complete additional documentation, if any.
OPM is authorized to send this email under Executive Order 9830 and 5 U.S.C. §§ 301, 1103, 1104, 2951, 3301, 6504, 8347, and 8461. OPM intends to use your response to assist in federal workforce reorganization efforts in conjunction with employing agencies. See 88 Fed. Reg. 56058; 80 Fed. Reg. 72455 (listing routine uses). Response to this email is voluntary. Although you must respond to take advantage of the deferred resignation offer, there is no penalty for nonresponse.
 

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