Law be damned, Trump asserts unilateral control over executive branch, federal service (4 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

 

[superchuck500]

I keep saying it.... this is crazy.

An election shouldn't cause the entire federal work force to be in upheaval. Especially without any action from congress.

I guess congress will do nothing until they see what the pain is.

This feels like Trumps MO. Push as hard as he can on something or be disruptive. See what the reaction / outcry is. Stay with it or crawfish back...

The reality of the federal civil service is that they are executive branch - which means that they are subject to the president's unilateral control subject to controlling law. But even where there is applicable law, it doesn't always require a certain result. For example, there is federal law called the Telework Enhancement Act - it clearly expresses a congressional endorsement of more liberal telework for the federal civilian workforce for reasons that include the reduction of need for federal office space, the reduction of pollutants produced in commuting, and greater employee flexibility.

Trump has basically eliminated all telework except in certain approved circumstances - appearing quite contrary to the Telework Enhancement Act. The problem is that while the act expresses policy interests, it doesn't actually compel any specific posture with respect to how an administration treats telework . . . so without a mandate in the law, Trump is not bound to do anything based on it.

In other areas, though, there are mandates in the federal statutes.

 

[wardorican]

Interesting read. Still looking through it.

Q and A with Jack Goldsmith. Harvard law professor, former DoJ.

How Donald Trump Is Transforming Executive Power

A flurry of seemingly illegal orders and firings could tee up the Supreme Court to cement a vast expansion of Presidential authority.

www.newyorker.com

 

[fooferdoggie]

His lemmings simply don't give a f....

his lemmings have no clue because I doubt fox is reporting it.

 

[DaveXA]

his lemmings have no clue because I doubt fox is reporting it.

If FNC reports it, it will be couched as an improvement, and the lemmings will be none the wiser.

 

[Optimus Prime]

FBI turns over details of 5,000 employees who worked on January 6 cases to Trump Justice Department, as agents sue | CNN Politics

FBI officials have complied with demands to provide the Justice Department with details of thousands of employees who worked on investigations related to the January 6, 2021, US Capitol riot, according to people familiar with the situation.

www.cnn.com