Law be damned, Trump asserts unilateral control over executive branch, federal service (1 Viewer)

[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

 

[Optimus Prime]

Donald Trump’s offer of political asylum to South Africa’s white minority, just days after blocking genuine refugees from travelling to the US, followed years of campaigning by an Afrikaner group that has promoted “white genocide” conspiracy theories while also lobbying on behalf of Elon Musk’s business interests.

Last week, Trump issued an executive order that misrepresented a new South African law, the Expropriation Act, as a racist move to persecute white Afrikaners by seizing their farms without compensation.

The law is intended to address deep inequalities as the result of apartheid and colonial legislation that resulted in the white minority, who make up just 7% of South Africa’s population, still owning more than 70% of agricultural land more than three decades after the end of the apartheid system imposed by the Afrikaner-dominated government. It permits expropriation in exceptional circumstances, such as abandoned land, but generally requires “just and equitable” compensation.


That did not stop Trump from falsely claiming: “South Africa is confiscating land, and treating certain classes of people VERY BADLY.”

The president’s order came after years of lobbying by an Afrikaner rights groups, AfriForum, which caught Trump’s attention during his first term by claiming that white farmers in South Africa were being murdered for political ends and to seize their land. The Southern Poverty Law Center (SPLC) civil rights organisation has described AfriForum’s leaders as white supremacists in suits and ties.……

‘White supremacists in suits and ties’: the rightwing Afrikaner group in Trump’s ear

Trump’s asylum offer to South Africa’s white minority follows years of AfriForum lobbying on Elon Musk’s behalf

www.theguardian.com

 

[superchuck500]

It's bigger.

All probationary employees. If you got a job with the federal govt in the last year or so, you're probably being let go.

Trump administration tells federal agencies to fire probationary employees

The move could affect hundreds of thousands of federal workers.

www.nbcnews.com

Yes it’s bigger - but firefighting is a compelling example of why indiscriminate mass layoffs are really, really dumb.

 

[DaveXA]

Yes it’s bigger - but firefighting is a compelling example of why indiscriminate mass layoffs are really, really dumb.

Seems to me like there has to be some sort of remedy that addresses national security or something would be threatened by the drastic cuts being made. It seems to me the courts should have some valid grounds for staying or blocking the cuts.

 

[superchuck500]

Seems to me like there has to be some sort of remedy that addresses national security or something would be threatened by the drastic cuts being made. It seems to me the courts should have some valid grounds for staying or blocking the cuts.

Only if there's law to that effect - but the courts don't (aren't supposed to at least) make federal policy - especially in the area of national security, which is classic executive branch turf.

There's just no basis for a court to enjoin executive branch layoffs on a policy basis such as "this harms national security" or "this exposes us to catastrophic wildfires" - that's just not a judiciary function. They can, however, enjoin layoffs that violate federal employment law . . . if there's such a case to be made. We might see some of that but I think that's why the White House is going for the low hanging fruit first - probationary staff don't have the legal protections.

 

[DaveXA]

Only if there's law to that effect - but the courts don't (aren't supposed to at least) make federal policy - especially in the area of national security, which is classic executive branch turf.

There's just no basis for a court to enjoin executive branch layoffs on a policy basis such as "this harms national security" or "this exposes us to catastrophic wildfires" - that's just not a judiciary function. They can, however, enjoin layoffs that violate federal employment law . . . if there's such a case to be made. We might see some of that but I think that's why the White House is going for the low hanging fruit first - probationary staff don't have the legal protections.

Makes sense. Thanks.

 

[superchuck500]

 

[superchuck500]

 

[superchuck500]

Same idea, different application:

 

[Dragon]

The actions taken by Trump and Musk in recent weeks increasingly resemble deliberate sabotage of every critical aspect of the U.S.—military, infrastructure, emergency preparedness, healthcare, economy, and law enforcement. By consistently appointing utterly unqualified leaders and dismantling essential institutions, they are paving the way for catastrophe.

If this continues, the U.S. will be left incapable of responding to internal crises, let alone external threats.


If a foreign power sought to cripple the nation, they could hardly have done a more effective job than what Trump and Musk have accomplished in just three weeks.

 

[UncleTrvlingJim]

Wasn't sure weather to laugh or cry at this.

 

[DJ1BigTymer]

The actions taken by Trump and Musk in recent weeks increasingly resemble deliberate sabotage of every critical aspect of the U.S.—military, infrastructure, emergency preparedness, healthcare, economy, and law enforcement. By consistently appointing utterly unqualified leaders and dismantling essential institutions, they are paving the way for catastrophe.

If this continues, the U.S. will be left incapable of responding to internal crises, let alone external threats.


If a foreign power sought to cripple the nation, they could hardly have done a more effective job than what Trump and Musk have accomplished in just three weeks.

That is happening because they, their voters and the idealistic team that brought them to power (The Heritage Foundation) have a flawed fundamental understanding of the purpose of government.

 

[wardorican]

Yes it’s bigger - but firefighting is a compelling example of why indiscriminate mass layoffs are really, really dumb.

Yeah, caught a thing on Fox News where they are talking about how all these govt workers are getting rich... then they use Elizabeth Warren (a Senator) and other elected officials who've written books, had careers, etc as examples. Wut?!

 

[Optimus Prime]

Dozens of probationary employees at the Office of Personnel Management were fired in a group video call Thursday afternoon and told their accounts would be deactivated by 3 p.m. ET, about 20 minutes after the call began.

"You will receive your termination notice via email shortly, and it will include the reason for termination," an official said on the call, according to a recording viewed by BI.

"As a result, your employment with the Office of Personnel Management will end today," the official said. "Your physical and IT system access will be deactivated by 3 p.m. ET today, and we ask that you gather your personal belongings and exit the premises by 3 p.m. ET as well."

A source familiar with the call also confirmed the terminations.

Two probationary employees told BI that about 60 people were on the call. They asked to remain anonymous; BI has verified their identities.

BI reviewed a screenshot of an email one probationary employee received earlier Thursday afternoon with the subject line "URGENT MEETING MUST ATTEND."

A call was originally scheduled between 2 and 2:30 p.m. ET, though no officials ever joined. At about 2:30 p.m., employees received an invitation for another meeting, where the mass termination was announced.

After the second meeting ended, workers received a follow-up email with details about their terminations.............

Dozens of OPM probationary employees were fired on a mass video call on Thursday and given 20 minutes to collect their belongings​

 

[wardorican]

2300 at the dept of the interior were fired.

https://thehill.com/policy/energy-environment/5145945-interior-department-fires-probationary-employees/