Law be damned, Trump asserts unilateral control over executive branch, federal service (8 Viewers)

[superchuck500]

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.

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

 

[Eeyore]

President Musk has declared sharing this to be a crime.

 

[Sendai]

DOGE Executive Order

“
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose. This Executive Order establishes the Department of Government Efficiency to implement the President’s DOGE Agenda, by modernizing Federal technology and software to maximize governmental efficiency and productivity.

Sec. 2. Definitions. As used in this order:

(a) “Agency” has the meaning given to it in section 551 of title 5, United States Code, except that such term does not include the Executive Office of the President or any components thereof.

(b) “Agency Head” means the highest-ranking official of an agency, such as the Secretary, Administrator, Chairman, or Director, unless otherwise specified in this order.

Sec. 3. DOGE Structure. (a) Reorganization and Renaming of the United States Digital Service. The United States Digital Service is hereby publicly renamed as the United States DOGE Service (USDS) and shall be established in the Executive Office of the President.

(b) Establishment of a Temporary Organization. There shall be a USDS Administrator established in the Executive Office of the President who shall report to the White House Chief of Staff. There is further established within USDS, in accordance with section 3161 of title 5, United States Code, a temporary organization known as “the U.S. DOGE Service Temporary Organization”. The U.S. DOGE Service Temporary Organization shall be headed by the USDS Administrator and shall be dedicated to advancing the President’s 18-month DOGE agenda. The U.S. DOGE Service Temporary Organization shall terminate on July 4, 2026. The termination of the U.S. DOGE Service Temporary Organization shall not be interpreted to imply the termination, attenuation, or amendment of any other authority or provision of this order.

(c) DOGE Teams. In consultation with USDS, each Agency Head shall establish within their respective Agencies a DOGE Team of at least four employees, which may include Special Government Employees, hired or assigned within thirty days of the date of this Order. Agency Heads shall select the DOGE Team members in consultation with the USDS Administrator. Each DOGE Team will typically include one DOGE Team Lead, one engineer, one human resources specialist, and one attorney. Agency Heads shall ensure that DOGE Team Leads coordinate their work with USDS and advise their respective Agency Heads on implementing the President ‘s DOGE Agenda.

Sec. 4. Modernizing Federal Technology and Software to Maximize Efficiency and Productivity. (a) The USDS Administrator shall commence a Software Modernization Initiative to improve the quality and efficiency of government-wide software, network infrastructure, and information technology (IT) systems. Among other things, the USDS Administrator shall work with Agency Heads to promote inter-operability between agency networks and systems, ensure data integrity, and facilitate responsible data collection and synchronization.

(b) Agency Heads shall take all necessary steps, in coordination with the USDS Administrator and to the maximum extent consistent with law, to ensure USDS has full and prompt access to all unclassified agency records, software systems, and IT systems. USDS shall adhere to rigorous data protection standards.

(c) This Executive Order displaces all prior executive orders and regulations, insofar as they are subject to direct presidential amendment, that might serve as a barrier to providing USDS access to agency records and systems as described above.

Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE,

January 20, 2025.”

 

[Optimus Prime]

Nearly every member of an official advisory committee to the U.S. Centers for Disease Control and Prevention has signed an open letter demanding the agency explain why it removed troves of vital health datasets from its website.

The removal of the datasets took place on Friday, as part of a governmentwide effort to comply with Trump administration orders prohibiting public communication related to diversity, equity and inclusion, or DEI, with an emphasis on anything tied to gender and sexuality.

At the CDC, that has led to the removal of public datasets like the Youth Risk Factor Behavioral Surveillance System, which ― as the official CDC website formerly stated ― is “used by health departments, educators, lawmakers, doctors, and community organizations to inform school and community programs, communications campaigns, and other efforts.”

Also gone from the CDC website is information about the Social Vulnerability Index, which officials use for disaster management planning, as well as AtlasPlus, where data on HIV, viral hepatitis, sexually transmitted diseases and tuberculosis could be accessed.

All of that is in addition to the removal of other health information, like web pages for the public about PrEP, the antiviral medication to prevent HIV transmission.

The removal of health information has provoked outrage from health researchers and officials across the country, among them members of the Advisory Committee to the CDC Director, which Congress created through federal law.

The committee has no power, and, as STAT News noted, the CDC director for Trump’s first administration actually disbanded the group in 2019 before the Biden administration’s replacement reconvened it in 2021.

But the group’s members have a public voice. On Saturday, 10 of them decided to use it by writing an open letter to the current acting director, Susan Monarez.

The letter demanded that Monarez provide written answers to questions about the rationale, legality and possible public health consequences of taking down the information. It also called on her to convene a meeting of the advisory group to discuss the matter.

“Datasets that are no longer accessible include critical sources of information about diseases, populations, and risk factors, including tools that allow people all across the country to understand the health of their communities,” the letter writers said................

CDC's Advisers Demand Answers On Removal Of 'Critical' Health Data

They want an explanation for why the agency took down information used for planning disaster relief, studying medical outcomes and helping at-risk populations.

www.huffpost.com

 

[superchuck500]

 

[Sendai]

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.

Expect USAID to be rolled into the State Department.

 

[superchuck500]

DOGE Executive Order

“
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose. This Executive Order establishes the Department of Government Efficiency to implement the President’s DOGE Agenda, by modernizing Federal technology and software to maximize governmental efficiency and productivity.

Sec. 2. Definitions. As used in this order:

(a) “Agency” has the meaning given to it in section 551 of title 5, United States Code, except that such term does not include the Executive Office of the President or any components thereof.

(b) “Agency Head” means the highest-ranking official of an agency, such as the Secretary, Administrator, Chairman, or Director, unless otherwise specified in this order.

Sec. 3. DOGE Structure. (a) Reorganization and Renaming of the United States Digital Service. The United States Digital Service is hereby publicly renamed as the United States DOGE Service (USDS) and shall be established in the Executive Office of the President.

(b) Establishment of a Temporary Organization. There shall be a USDS Administrator established in the Executive Office of the President who shall report to the White House Chief of Staff. There is further established within USDS, in accordance with section 3161 of title 5, United States Code, a temporary organization known as “the U.S. DOGE Service Temporary Organization”. The U.S. DOGE Service Temporary Organization shall be headed by the USDS Administrator and shall be dedicated to advancing the President’s 18-month DOGE agenda. The U.S. DOGE Service Temporary Organization shall terminate on July 4, 2026. The termination of the U.S. DOGE Service Temporary Organization shall not be interpreted to imply the termination, attenuation, or amendment of any other authority or provision of this order.

(c) DOGE Teams. In consultation with USDS, each Agency Head shall establish within their respective Agencies a DOGE Team of at least four employees, which may include Special Government Employees, hired or assigned within thirty days of the date of this Order. Agency Heads shall select the DOGE Team members in consultation with the USDS Administrator. Each DOGE Team will typically include one DOGE Team Lead, one engineer, one human resources specialist, and one attorney. Agency Heads shall ensure that DOGE Team Leads coordinate their work with USDS and advise their respective Agency Heads on implementing the President ‘s DOGE Agenda.

Sec. 4. Modernizing Federal Technology and Software to Maximize Efficiency and Productivity. (a) The USDS Administrator shall commence a Software Modernization Initiative to improve the quality and efficiency of government-wide software, network infrastructure, and information technology (IT) systems. Among other things, the USDS Administrator shall work with Agency Heads to promote inter-operability between agency networks and systems, ensure data integrity, and facilitate responsible data collection and synchronization.

(b) Agency Heads shall take all necessary steps, in coordination with the USDS Administrator and to the maximum extent consistent with law, to ensure USDS has full and prompt access to all unclassified agency records, software systems, and IT systems. USDS shall adhere to rigorous data protection standards.

(c) This Executive Order displaces all prior executive orders and regulations, insofar as they are subject to direct presidential amendment, that might serve as a barrier to providing USDS access to agency records and systems as described above.

Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE,

January 20, 2025.”

Not really sure how the EO answers the most compelling questions. It certainly doesn’t include anything about shutting down USAID or any similar activity. It also suggests a process working with agency heads and agency personnel - and entirely unclear if any of that was done, particularly given the speed at which some of it was deployed. It is also being reported that the systems accessed including classified and other sensitive systems - and with no transparency at all, it’s impossible to know whether compliance with all applicable law was done.

For example, what equipment, systems, and software are they using? When and how was it acquired? Is it compliant with federal government data systems and security laws? There’s no reporting requirement, no transparency whatsoever.

 

[efil4]

DC US Attorney weighs in

how in the !@#!#!@# did we get here?!?!?!?! FAAAAAAAAAAAAAAAAACK how????

Did the dumbing down of America happen this fast? Was it over time, and so subtle we really werent paying attention?

 

[efil4]

 

[coldseat]

Expect USAID to be rolled into the State Department.

USAID is already part of the State Department. How can Musk decide unilaterally to shut down an entire department of the government over weekend? It's forking nuts.

 

[efil4]

 

[efil4]

 

[Optimus Prime]

how in the !@#!#!@# did we get here?!?!?!?! FAAAAAAAAAAAAAAAAACK how????

Did the dumbing down of America happen this fast? Was it over time, and so subtle we really werent paying attention?

This is what people knowingly voted for

Insane and infuriating

 

[superchuck500]

USAID is already part of the State Department. How can Musk decide unilaterally to shut down an entire department of the government over weekend? It's forking nuts.

USAID was established by Congress in the 1961 Foreign Assistance Act. The act includes quite a bit of expression of the purpose and national interest in foreign assistance - some of which Elon Musk and the likes of Bill Ackman now express to be the product of ultra-vires bureaucracy. And Congress continues to underscore USAID's mission with annual appropriations including funds in the current CR that is operating the government.

It has an interesting history - but it's very difficult to understand how the president, much less an unconfirmed, possibly not even employed, private citizen could unilaterally decide to "end" USAID in any way that complies with federal law.

United States Agency for International Development - Wikipedia

en.wikipedia.org

 

[GrandAdmiral]

Did the dumbing down of America happen this fast? Was it over time, and so subtle we really werent paying attention?

Yes

 

[UncleTrvlingJim]

Yes

I didn't think it was subtle at all... I quit the Republican party completely in 2008 when Sarah Palin was the VP nominee. The writing was on the wall at that point.

 

[barbar]

DC US Attorney weighs in

Jesus. The amount of gaslighting going on here has just astonishing.

 

[Optimus Prime]

guess this can go here
=============

President Donald Trump’s administration is exempting air traffic controllers from government buyouts that were offered to millions of federal employees as a financial incentive to quit.

Last week, President Donald Trump signed an executive order granting nearly 2 million civil servants the ability to resign from their positions in exchange for eight months of severance pay. It is part of a sweeping effort to slash the size of the federal government in hopes of a bureaucratic overhaul.

The buyout offers came one day before an American Airlines flight collided with a U.S. Army Black Hawk helicopter just outside Washington, D.C.’s Ronald Reagan National Airport, killing 67 people. The same week, a medical transport jet crashed into a busy intersection in northeast Philadelphia, resulting in seven deaths and 19 injured—and making the three-day span the deadliest in aviation since 2001.

While the buyout offer was initially sent to air traffic controllers, along with other Federal Aviation Administration employees, an official with the Office of Personnel Management told the Associated Press on Friday that controllers are not eligible for the offer. An OPM spokesperson told Fortune air traffic controllers were exempt from the buyout, even before the administration's clarification.

And on Monday, Transportation Secretary Sean Duffy told CNN “the critical positions in regard to safety” are not given the buyout option. According to an updated fact sheet from the Office of Personnel Management, federal employees in "positions related to public safety and those in other positions specifically excluded by your employing agency” are exempt.

“We're going to keep all our safety positions in place, no early retirement," Duffy said. "We're all going to stay and work and make sure our skies are safe."..............

After offering buyouts to air traffic controllers, Trump’s administration says they’re exempt from ‘early retirement’ following deadly plane crashes

January’s tragedies reignited concern on the impact of air traffic controller shortages on aviation safety.

fortune.com

 

[Sendai]

USAID is already part of the State Department. How can Musk decide unilaterally to shut down an entire department of the government over weekend? It's forking nuts.

No it isn’t. President Kennedy established it through an executive order as an independent agency.

From the Foreign Assistance Act 1961

(b) Under the policy guidance of the Secretary of State, the
agency primarily responsible for administering this part should
have the responsibility for coordinating all United States develop-
ment-related activities.

https://www.govinfo.gov/content/pkg/COMPS-1071/pdf/COMPS-1071.pdf