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

 

[UriUT]

That graph is the reason we're royally forked. Republicans have no idea how or ability to run a country. They're so full of right wing propoganda they have no objective reasoning. And they're willing to loyaly follow a crazy, vindictive, egomaniacal, moran into oblivion regardless of the price. They still believe he can "fix it", whatever that means. And Independents .....

Yeah, I have a family member that's convinced that they paid less taxes under Trump ver 1, than Biden. I know there is an elephant in the room that's quite obviously why that's the case personally for their household. Sometimes I want to scream something, but I'm reminded of this segment from the Moth Radio hour:

The Moth (en-US) | Stories | Rare Romance, Well-Done Marriage

A husband and wife's ongoing argument comes to a head.

themoth.org

Moral: Don't cross that line. You never get to cross back.

And

They still believe he can "fix it", whatever that means.

is rooted in the Hitler cult of personality.

Adolf Hitler's cult of personality - Wikipedia

en.wikipedia.org

Beginning in the early years of the Nazi Party, Nazi propaganda depicted the Nazi leader Adolf Hitler as an iconic figure who was the only person capable of saving Germany.

Since we've been talking about fascism so much, I've got to plug this great video essay about fascism that I've seen sometimes back. It's well researched, well cited, and well presented. It has expanded my understanding of fascism.



One key point is this myth of the "greatness of a nation".

 

[Optimus Prime]

Donald Trump’s administration, backed by House Republicans and Elon Musk’s Doge agency, are carrying out an attack on the Endangered Species Act (ESA) and federal wildlife agencies that, if successful, will almost certainly drive numerous species into extinction, environmental advocates warn.

The three-pronged attack is designed to freeze endangered wildlife protections to more quickly push through oil, gas and development projects, opponents say.

In recent weeks, the US president has said he will assemble a “God squad”, or committee empowered to effectively veto ESA protections for species on the brink of extinction. Meanwhile, in part at the behest of Musk’s so-called “department of government efficiency”, hundreds of US Fish and Wildlife staff have been laid off, and hiring freezes implemented on hundreds more seasonal workers whom advocates say are critical to ensuring some species’ survival.

In the US House, Republicans recently held a hearing on the ESA and the Marine Mammal Protection Act, claiming the legislation needs to be revised to allow industry projects to be approved more quickly.

Wildlife advocates are girding for a fight in which species’ existence hangs in the balance.

“Scientists warn that we’re in an extinction crisis, and we ignore that at our own peril,” said Noah Greenwald, the endangered species director at the Center for Biological Diversity. “As America’s wildlife dwindles, Elon Musk is swinging his wrecking ball at the skilled and dedicated people fighting to save our plants and animals from extinction. It’s beyond idiotic.”

Congress passed the ESA in 1973, and it has saved bald eagles, grizzly bears and American alligators from extinction, among other species. Some environmentalists say it’s among the nation’s strongest environmental laws because it’s explicit, and sets clear deadlines for federal agencies to act to protect species. The law also requires most federal initiatives to ensure the action or project doesn’t threaten protected species.

Nearly 99% of species listed as endangered under the law have survived, Greenwald said, and the law rarely derails energy or development projects.

Still, the ESA’s robust provisions “drive industry bananas” and the law has long been a GOP target, said Drew Caputo, an attorney with the Earthjustice non-profit who has litigated on issues involving endangered species.

“Industry cannot stand that their ability to profit is sometimes limited by the need to protect wildlife that has been on earth for millions of years,” Caputo said. GOP and industry attacks, including bills that attempted repeals and revisions in recent years, have “failed spectacularly”, he added...........

Trump orders likely to drive species’ extinction, wildlife advocates warn

In addition to layoffs and hiring freezes, a ‘God squad’ can effectively veto ESA protections for endangered species

www.theguardian.com

 

[UriUT]

Consistent.

 

[superchuck500]

A federal judge on Thursday ordered federal agencies to rehire tens of thousands of probationary employees who were fired amid President Donald Trump’s turbulent effort to drastically shrink the federal bureaucracy.

U.S. District Judge William Alsup described the mass firings as a “sham” strategy by the government’s central human resources office to sidestep legal requirements for reducing the federal workforce.

Alsup, a San Francisco-based appointee of President Bill Clinton, ordered the Defense, Treasury, Energy, Interior, Agriculture and Veterans Affairs departments to “immediately” offer all fired probationary employees their jobs back. The Office of Personnel Management, the judge said, had made an “unlawful” decision to terminate them.

https://www.politico.com/news/2025/03/13/fired-federal-probationary-employees-court-ruling-00228721

 

[Optimus Prime]

The Trump administration on Tuesday told a federal judge that an administrative agency head intends to defy a court order in an ongoing lawsuit over the mass-firing of thousands of government workers.

In the underlying litigation, the American Federation of Government Employees (AFGE) and other labor unions accuse the Office of Personnel Management (OPM) of embarking upon an “illegal program” that ordered several federal agencies to fire employees via “standardized notices of termination, drafted by OPM, that falsely state that the terminations are for performance reasons.”

To date, U.S. District Judge William Alsup, a Bill Clinton appointee, has echoed the plaintiffs by calling the firings “illegal.” In a February order, the court said OPM has no authority over other agencies’ staffing. And, in a series of later rulings, the court ordered OPM acting Director Charles Ezell to testify under oath over his attested-to claims about the layoff directive — threatening sanctions for noncompliance.

Now, the government says there is no way Ezell will be testifying. Simultaneously, the U.S. Department of Justice moved to rescind Ezell’s declaration on which the order to testify was based.

“Defendants inform the Court that they do not intend to produce any live witnesses as part of their hearing presentation and intend to rest on their legal arguments for why a preliminary injunction should not issue,” the government’s motion reads. “As part of this presentation, Defendants are withdrawing the declaration of Acting Office of Personnel Management and will not be presenting Mr. Ezell at the hearing.”

The hearing in question is slated for Thursday afternoon.

In an order issued on March 10, Alsup rejected the government’s request to cancel the evidentiary hearing. The judge also rejected a request to keep Ezell from testifying and previewed a road map for sanction should Ezell decline to testify.

“The Court’s order that he appear or be deposed will not be vacated, nor will the hearing on March 13,” the judge wrote. “If Ezell does not appear in violation of that order, then the Court will have to decide the sanction, including whether or not to strike or limit his sworn declaration.”

Now that the Ezell declaration has been withdrawn, the upshot of the government’s forthcoming defiance of the court order is unclear. If, for example, the sanction foreseen by the court is limited to the declaration, the impact could be minimal to nil.

The court’s previous order threatening sanctions notes that the government’s position has little daylight between Ezell’s declaration.

“The problem here is that Acting Director Ezell submitted a sworn declaration in support of defendants’ position, but now refuses to appear to be cross examined, or to be deposed (despite, it should be added, government counsel’s embrace of that very idea during the TRO hearing),” Alsup mused.

Ezell and OPM, for their part, maintain that they did not actually direct any agencies to fire anyone — but merely told agencies to review their probationary workers and make determinations about whether to continue their employment based on need.

And, to hear the government tell it, the rescission of the declaration more or less makes the prospect of Ezell testifying a moot point.

“Because the Court’s stated purpose of bringing Mr. Ezell to the hearing was to obtain testimony from him regarding the contentions made in his declaration, Defendants therefore submit that his presence is no longer necessary at any hearing given that this declaration is now withdrawn,” the DOJ filing reads................

Trump admin says OPM head will defy court order to testify in mass firings case

"Defendants are withdrawing the declaration of Acting Office of Personnel Management and will not be presenting Mr. Ezell at the hearing."

lawandcrime.com

 

[longtime lurker]

This is a big one……

Trump Drafts Plans to Take Over Congress’s Spending Powers

Donald Trump plans to make massive cuts to spending—after Congress decides on the budget.

www.yahoo.com

 

[superchuck500]

https://www.politico.com/news/2025/03/13/fired-federal-probationary-employees-court-ruling-00228721

A second judge has ruled the Trump terminations violated law.

 

[MT15]

A second judge has ruled the Trump terminations violated law.

How will it be done? Who will follow up and see if it actually happens?

If they just ignore the rulings, how long before anybody does anything about it?

Also, can they just make a big show of hiring a handful back and then say everybody else declined?

 

[Optimus Prime]

Johns Hopkins University announced it was planning to cut more than 2,000 jobs after the Trump administration slashed $800m in grants to the renowned academic institution.

The funding for the positions had come from the US Agency for International Development, which the administration has gutted with massive cuts. A total of 247 domestic US workers and another 1,975 positions abroad in 44 countries will be affected by what amounts to the largest layoff in the history of the university.

The job losses will affect the university’s Bloomberg School of Public Health, its medical school and its affiliated non-profit for international health, Jhpiego. The school of public health includes over 80 research institutions that focus on issues such as gun violence, maternal health, and the economic impacts of Alzheimer’s disease.

The grant elimination announcement comes on the same day that hundreds of professors, researchers and other staff with the school of public health held a rally meant to show support for “American scientists and science amid federal layoffs and cuts to research funding”, according to the Hub, a publication of the public health school.


“This is a difficult day for our entire community. The termination of more than $800m in USAid funding is now forcing us to wind down critical work here in Baltimore and internationally,” the university said in a statement shared with media.

Johns Hopkins receives the most federal research funding, and is the largest private employer, in both Maryland and Baltimore and employs more than 150,000 people, the university said in a statement to the Guardian.…….

Johns Hopkins to lose 2,000 jobs after Trump’s $800m cut in USAid funding

University says cut in funding ‘forcing us to wind down critical work’ as academics rally against job losses

www.theguardian.com

 

[Optimus Prime]

WASHINGTON (AP) — An appeals court on Friday lifted a block on executive orders seeking to end government support for diversity, equity and inclusion programs, handing the Trump administration a win after a string of setbacks defending President Donald Trump’s agenda against dozens of lawsuits.

The decision from a three-judge panel allows the orders to be enforced as a lawsuit against them plays out. The judges halted a nationwide injunction from U.S. District Judge Adam Abelson in Baltimore.

Two of the judges on the 4th U.S. Circuit Court of Appeals acknowledged the anti-DEI orders could raise concerns about First Amendment rights, but said the judge’s sweeping block went too far.

Abelson had found the orders violated free-speech rights and are unconstitutionally vague since they don’t define DEI………

Appeals court lifts blocks on Trump's orders restricting diversity, equity and inclusion programs

An appeals court has lifted a block on executive orders seeking to end government support for diversity, equity and inclusion programs, handing the Trump administration a win after a string of setbacks defending President Donald Trump’s agenda against dozens of lawsuits.

apnews.com

 

[superchuck500]

 

[Optimus Prime]

Defense Secretary Pete Hegseth has moved to shutter the Pentagon office that helped military leaders plan for possible future wars.

A memo signed by Hegseth dated March 13 reportedly said that civil employees in the Pentagon’s Office of Net Assessment will be reassigned to other “mission critical positions” as it is dismantled. The office is often referred to as the Pentagon’s internal think tank…..

Hegseth shutters Pentagon office that helped leaders plan for possible future wars

The office is often referred to as the Pentagon’s internal think tank and strategizes for possible future conflicts

www.independent.co.uk

 

[Optimus Prime]

The US defense department webpage celebrating an army general who served in the Vietnam war and was awarded the country’s highest military decoration has been removed and the letters “DEI” added to the site’s address.

On Saturday, US army Maj Gen Charles Calvin Rogers’s Medal of Honor webpage led to a “404” error message. The URL was also changed, with the word “medal” changed to “deimedal”.

Rogers, who was awarded the Medal of Honor by then president Richard Nixon in 1970, served in the Vietnam war, where he was wounded three times while leading the defense of a base.


According to the West Virginia military hall of fame, Rogers was the highest-ranking African American to receive the medal. After his death in 1990, Rogers’s remains were buried at the Arlington national cemetery in Washington DC, and in 1999 a bridge in Fayette county, where Rogers was born, was renamed the Charles C Rogers Bridge.

As of Sunday afternoon, a “404 – Page Not Found” message appeared on the defense department’s webpage for Rogers, along with the message: “The page you are looking for might have been moved, renamed, or may be temporarily unavailable.”…….

Black Medal of Honor recipient removed from US Department of Defense website

Page honoring Charles C Rogers for his Vietnam war service is now defunct with letters ‘DEI’ added to website address

www.theguardian.com

 

[Lapaz]

The US defense department webpage celebrating an army general who served in the Vietnam war and was awarded the country’s highest military decoration has been removed and the letters “DEI” added to the site’s address.

On Saturday, US army Maj Gen Charles Calvin Rogers’s Medal of Honor webpage led to a “404” error message. The URL was also changed, with the word “medal” changed to “deimedal”.

Rogers, who was awarded the Medal of Honor by then president Richard Nixon in 1970, served in the Vietnam war, where he was wounded three times while leading the defense of a base.


According to the West Virginia military hall of fame, Rogers was the highest-ranking African American to receive the medal. After his death in 1990, Rogers’s remains were buried at the Arlington national cemetery in Washington DC, and in 1999 a bridge in Fayette county, where Rogers was born, was renamed the Charles C Rogers Bridge.

As of Sunday afternoon, a “404 – Page Not Found” message appeared on the defense department’s webpage for Rogers, along with the message: “The page you are looking for might have been moved, renamed, or may be temporarily unavailable.”…….

Black Medal of Honor recipient removed from US Department of Defense website

Page honoring Charles C Rogers for his Vietnam war service is now defunct with letters ‘DEI’ added to website address

www.theguardian.com

This racist crap that Hegseth and Trump are doing is so disgusting. They are tarnishing the legacy of an American hero. It is especially disgusting that a man who evaded service due to non-existent bone spurs is being allowed to denigrate Rogers. I hope Trump’s bone spurs are highlighted in his legacy.

 

[Mr. Blue Sky]

This racist crap that Hegseth and Trump are doing is so disgusting. They are tarnishing the legacy of an American hero. It is especially disgusting that a man who evaded service due to non-existent bone spurs is being allowed to denigrate Rogers. I hope Trump’s bone spurs are highlighted in his legacy.

Roughly half of American voters voted for exactly this… the education cuts over the last 30 or 40 years have finally paid off for them, in a big way .. it’s unfortunate that the rest of us have to suffer, but it is how our system is set up.. i am afraid that there is nothing to be done, and that the complete dismantling of norms will continue unabated… sorry to sound so resigned, but if im missing anyhting- of there is anything that can be done to stop this freight train- please, please enlighten me .. i am all ears .


*interest of full disclosure, im currently living outside of America .. but if you dont think ALL of our reputations around the world are suffering due to this guy’s recklessness, you are delusional.. also, even if i WAS still living in America- i am a guy in my 50s, what in the hell am I gonna do, take to the streets and overpower some redneck Maga dude ? Get real .

 

[Lapaz]

The Trump administration is now playing games with court compliance. They claim the plane was in the air outside of U.S. airspace, so it couldn't be turned around, which I think is B.S.. This article claims 2 other planes were allowed. If that is true, then that is a violation of a court order. I think this justifies impeachment, which of course won't succeed, so it is a constitutional crisis.

“Refugees International strongly condemns President Trump’s recent invocation of the Alien Enemies Act to enact mass deportations of Venezuelan nationals, including asylum seekers, without due process.
This statute has historically been invoked only during wartime and has never been used to effectuate widespread removals. Under the Act, asylum seekers have no opportunity to dispute their alleged gang ties before they are summarily sent to potential persecution in Venezuela or to prisons in El Salvador, where torture is rampant. Invoking this law now, when war has not been declared and in relation to a foreign criminal gang, is a brazen encroachment on Congressional authority and severely undermines longstanding legal protections for immigrants and asylum seekers.
Beyond the unlawful invocation of the Alien Enemies Act, Refugees International is deeply concerned with the administration’s autocratic approach to implementation of the Act over the past few days. President Trump signed an order invoking the Act on March 14, but kept it secret as it gathered almost 250 Venezuelans for flights to El Salvador. After a judge explicitly restrained deportation flights and ordered any flight in the air to be returned, the administration allowed a flight in the air to land in El Salvador, and two further flights to land in El Salvador several hours later, while publicly condemning the court ruling and vilifying the judge in the media. .............

Refugees International Condemns Unlawful Invocation of the Alien Enemies Act - Refugees International

President Trump’s recent invocation of the Alien Enemies Act to assert a dangerous expansion of executive power is a deeply ominous sign.

www.refugeesinternational.org

 

[superchuck500]

 

[DaveXA]

So, this is saying the injunction remains intact correct?