Law be damned, Trump asserts unilateral control over executive branch, federal service (10 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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    Moscow approves of Elon’s work

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    Good read, this - I have been noting Vought’s views since before the election and I don’t think his conformation hearing dug deep enough. An easy confirmation would be further acquiescence by Congress to the executive. And the challenge (read “dare”) to the courts is no less direct.

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    How do we undo all of this?

    Well, there's court intervention, we have already seen some of that, but it's not always that easy to get standing for a court order over internal executive branch activity . . . just depends on what it is what the relevant law is, and who the stakeholders are for standing.

    Another effective blunt would be to get enough GOP in the Senate to have the courage to stand up for the constitution and rule of law - and hold up all confirmations until a satisfactory special counsel is appointed to verify that these alleged "DOGE" activities and personnel have been acting lawfully in commandeering these systems, most notably the Treasury. While this seems unlikely, the Trump coalition at the Hill is certainly weaker today than it was when the session started.

    And then finally, there's the midterms.
     
    Well, there's court intervention, we have already seen some of that, but it's not always that easy to get standing for a court order over internal executive branch activity . . . just depends on what it is what the relevant law is, and who the stakeholders are for standing.

    Another effective blunt would be to get enough GOP in the Senate to have the courage to stand up for the constitution and rule of law - and hold up all confirmations until a satisfactory special counsel is appointed to verify that these alleged "DOGE" activities and personnel have been acting lawfully in commandeering these systems, most notably the Treasury. While this seems unlikely, the Trump coalition at the Hill is certainly weaker today than it was when the session started.

    And then finally, there's the midterms.

    In other words, the damage will be done and likely permanent before there is any intervention.

    Is there any way to get Musk kicked out as the leader of DOGE, due to his inescapable and humongous conflict of interest in all of this, by his competitors filling lawsuits? Can the American people file lawsuits to make this happen?

    Our government was never designed to withstand people like Musk and Trump who are rushing in to dismantle and break everything at breakneck speeds. There seems to be absolutely no backstop other than people saying "this is crazy". I mean they shut down the whole USAID department without even blinking and in direct conflict with our laws. No way that is legal, but I expect Republicans to tuck their tails and say nothing. So nothing will stop them.
     
    In other words, the damage will be done and likely permanent before there is any intervention.

    Is there any way to get Musk kicked out as the leader of DOGE, due to his inescapable and humongous conflict of interest in all of this, by his competitors filling lawsuits? Can the American people file lawsuits to make this happen?

    Our government was never designed to withstand people like Musk and Trump who are rushing in to dismantle and break everything at breakneck speeds. There seems to be absolutely no backstop other than people saying "this is crazy". I mean they shut down the whole USAID department without even blinking and in direct conflict with our laws. No way that is legal, but I expect Republicans to tuck their tails and say nothing. So nothing will stop them.
    There is one way. Ulterius respondens nihil dicit.
     

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