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Biden Admin Issues Rule To Thwart Trump Ability To Fire Biden Executive Branch Holdovers If He Wins

Biden Admin Issues Rule To Thwart Trump Ability To Fire Biden Executive Branch Holdovers If He Wins

We have a sitting president attempting to hamstring a potential future president over his own branch of government by ensuring that his (Obama-Biden’s) political allies remain in unchecked power.

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One of the things that frustrated me about Trump’s (first?) term was his seeming complete indifference to #TheResistance that manifested before he even took office. Unelected bureaucrats working in the ridiculously invasive executive branch’s many agencies, publicly declared war on him, and he . . . well, he did nothing.

Until the final year of his presidency when he seemed to finally take aim at the problem in his own branch of government–we can call it the deep state, the resistance, the entrenched bureaucrats who oversee far too much policy in America and who are, apparently, answerable to no one. Not the voter, not the president.

So then-president Trump launched Schedule F in late October 2020, a new rule that would allow the sitting and duly-elected president to have a say in who ran and worked in his own (overly large, sprawling, and ridiculously intrusive) branch of the federal government.

It was a great move, one that should have been made years–even decades–earlier. It’s a running joke that you can’t fire even the most incompetent federal employee, and when said federal employees are openly (if under veil of anonymity) working against the duly-elected sitting president, we have a problem.

Heck, in 2021, then-Speaker of the House Nancy Pelosi (D-CA) literally sought to circumvent Trump’s role as Commander in Chief.

And now we have Biden (or whomever is animating him) issue new rules to ensure that Democrats remain in their deep state positions, no matter who is actually elected by the people to run the executive branch as he sees fit.

The Daily Caller reports:

President Joe Biden’s administration announced its plan on Thursday to protect bureaucrats from being fired by a potential second Trump administration.

The U.S. Office of Personnel Management (OPM) finalized a rule that protects employees in the civil service by preventing the removal of their status and protections involuntarily, according to a press release. Under the new rule, an administration wishing to shift federal employees to a new category making them easier to fire would have to go through an elongated process, a move meant to be more time-consuming for a future president, Politico reported.

“Career federal employees deliver critical services for Americans in every community,” OPM Director Kiran Ahuja said in a press release. “This final rule honors our 2.2 million career civil servants, helping ensure that people are hired and fired based on merit and that they can carry out their duties based on their expertise and not political loyalty. The Biden-Harris Administration is deeply committed to the federal workforce, as these professionals are vital to our national security, our health, our economic prosperity, and much more.”

The rule is widely viewed as a response to an executive order signed in 2020 by former President Donald Trump, Politico reported. The executive order targeted federal workers, removing protections from some employees and make it easier for the president to hire and fire them.

Essentially, then, we have a sitting president attempting to hamstring a potential future president over his own branch of government by ensuring that his (Obama-Biden’s) political allies remain in unchecked power, in the kind of deep state power that actually undermines the duly-elected president. How does this play out?

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Comments

So, you fire all the people involved in that OPM (or just fire them all) and put new people in who rewrite the regulation so that malarkey is reversed.

If it cannot be reversed, then it is, by definition, an illegal and unconstitutional regulation. And it gets thrown out.

I would also institute austerity measures to pare down the spending. “Oh no, we’re not firing you, we’re cutting your position. Bye.”

    Olinser in reply to GWB. | April 5, 2024 at 5:36 pm

    Forget cutting your position.

    The entire agency is being cut, Milei style. Don’t care who you are or what you do, EVERYBODY is being thrown out.

    diver64 in reply to GWB. | April 5, 2024 at 6:25 pm

    Yeah, not seeing a problem here. Rules directed by the President are as permanent as Executive Orders.

      Milhouse in reply to diver64. | April 6, 2024 at 7:01 am

      No, they’re not. Rules are very different from EOs, and take years of work to change. Why do you think this rule is only coming out now and not three years ago? It’s because the administration has been working on it for three years and only managed to get it through now.

    4fun in reply to GWB. | April 5, 2024 at 10:31 pm

    Love to see it, but you’d need a bunch of Trump supporters elected into office to help out. If everyone just keeps electing the rinos they’re as bad as dems.

    Milhouse in reply to GWB. | April 6, 2024 at 7:15 am

    If it cannot be reversed, then it is, by definition, an illegal and unconstitutional regulation. And it gets thrown out.

    No, it isn’t. Government regulations derive their authority from various statutes, and making or amending them is subject to the Administrative Procedures Act. They are laws that bind the president as well as everyone else, and he may only amend or repeal them by going through the APA process, which takes years.

    This seems to be the regulation in question, and it looks like it’s got all its Is dotted and Ts crossed, so undoing it will take a long time. Or, if the Rs get both houses and are willing to endure a senate filibuster, they can just legislate to undo it and embed the Schedule F reform in law.

    Sandman in reply to GWB. | April 7, 2024 at 2:35 pm

    OPM has no Constitutional authority to make blanket policy decisions without Congress. Under the Wagner Act Federal employees (in unions) must be given 60 days notice prior to termination. Inform them via email, informing them to stay home for 60 days before losing their jobs. Secure the building and have employees make appointments to be escorted to their desks to retrieve personal items. This is to prevent theft and destruction of ‘evidence’. A president cannot fire individual employees due to risk of retribution. Nothing in the law, however, says he cannot fire groups of employees – such as entire departments or agencies. Vivek Ramaswamy provided a detailed roadmap to reduce the size/scope of Fedzilla by 75%, which. Sounds like a good start.

    President Trump should begin with 2 steps. 1) implement a 100% hiring freeze for the entire Federal government, excepting only such roles as required by the Constitution. 2) Have every department begin with a budget of ZERO and make them justify every dollar requested. In the current system the starting budget is whatever was spent last year (current services baseline budgeting). Another option would be to cut last year’s budget by 5% – without a reduction in services rendered. Anyone who can’t do that will be fired and replaced with someone who can.

    The Trump can begin the process of eviscerating the Federal apparatus, starting with eliminating the Department of Education. A truly worthless part of the government, it has presided over the collapse of the American educational system. We were top 5 globally in 1976. Today we are near the bottom in ever single measure. For example, in Baltimore unlicensed Schools there is not a single high school that scores at state minimum standards. THAT is the Department of Education. Trump can take the $80 billion wasted every year and send most of that to the states, where it belongs.

No worries, this is easily overcome. Reassign them to the newly created ‘Arctic Interagency Taskforce’. An unaccompanied 3 year ‘career broadening assignment’ where they will live in Quonset Huts in the Arctic Circle counting polar bears and eating MRE….or resign. Either way they are removed from DC, a comfortable, cushy Fed job indoors and away from any ability to interfere with the implementation of the incoming administration’s policy priorities.

    txvet2 in reply to CommoChief. | April 5, 2024 at 3:25 pm

    Quite a few of them are already removed from DC. Bob Byrd moved them to W. VA. Not quite as remote as Alaska, and WV isn’t quite the rural backwoods state that it used to be, but it didn’t change anything but the address.

      CommoChief in reply to txvet2. | April 5, 2024 at 5:15 pm

      You misunderstood or forgot the /S (sarcasm) tag. They would be in the Arctic Circle counting Polar Bears which means they would be unavailable to ‘resist’ /gum up the works regardless of where their office used to be. Either that or they resign but in any event they would be out of the damn way of making drastic changes within the Agency/Dept.

        AF_Chief_Master_Sgt in reply to CommoChief. | April 5, 2024 at 7:21 pm

        I am all for having federal employees research the political and social ramifications of the tit mouse and the effect on global warming in Cooper Harbor Michigan.

        Others could count snail darter’s effect on the migratory patterns of the Canadian Purple Footed Gherkin Goose in Northeast Piscataquis, Maine.

        There are many other projects that will require large numbers of federal employees going to remote locations doing important research, generally lasting 4 to 8 years.

        Of course, no internet access so they can’t diddle themselves while watching XHams+3~.

        txvet2 in reply to CommoChief. | April 5, 2024 at 8:02 pm

        And you forgot that many spent COVID working from home. Nobody really noticed the difference, except for the reduced traffic.

          CommoChief in reply to txvet2. | April 6, 2024 at 8:16 am

          They won’t be ‘working’ on anything but counting polar bears and thus not able to impede reform of our executive branch.

        Concise in reply to CommoChief. | April 5, 2024 at 10:16 pm

        Sarcasm? I completely support the idea of literally transferring the slugs to the most remote and inhospitable areas of the globe, although it might be easier to send them all to Guam, until the island capsizes.

          CommoChief in reply to Concise. | April 6, 2024 at 8:21 am

          Yep, I am serious with this proposal in order to confront gamesmanship from the Biden Admin and/or Fed Employee Union. If the Arctic gets too full we can send them to Antarctica to count Penguin. Just get their ass out of the way and their hands off the levers of power.

          The Gentle Grizzly in reply to Concise. | April 6, 2024 at 3:33 pm

          Just relocate the agency(ies) to places like Gary. East St. Louis, or Memphis.

    starride in reply to CommoChief. | April 5, 2024 at 4:07 pm

    I always say similar, just tell them their positions are being relocated to North Shore Alaska, they have 2 weeks to get there for their assigned housing.

    Then put them in a warehouse cubical farm with no telephone or computer hookups and block access to cellular signals.

    Fat_Freddys_Cat in reply to CommoChief. | April 5, 2024 at 4:22 pm

    After all, climate change is the greatest threat facing us! How could they say “no” to saving the planet? LOL

    Milhouse in reply to CommoChief. | April 6, 2024 at 7:19 am

    Good idea, but I don’t think it can be done, because the civil service regulations protect them, and would require this to go to the Federal Labor Relations Authority, which is well staffed with civil service partisans.

    Legislation is urgently required, but that presents its own difficulties. The bigger the R majorities in both houses of the next congress, the more likely it is to pass, but nothing is guaranteed. And of course if the Rs don’t control both houses, you can forget it.

      CommoChief in reply to Milhouse. | April 6, 2024 at 8:27 am

      Too easy. They can appeal BUT in the interim they are locked out the office, surrender their credentials, have govt issued electronic devices and accounts revoked. The goal is to REMOVE the ‘resistance’; if we have to pay their salaries for a bit it is worth it. If required put them into a damn warehouse with a desk and no Wi-Fi or cell coverage for their ‘work days’ where they sit and be quiet.

      I would prefer to nail them all to the ‘Tree of Woe’ but there isn’t enough room the massive number of deadbeat and/or redundant/unnecessary federal employees.

        Milhouse in reply to CommoChief. | April 6, 2024 at 4:27 pm

        No, they’re not locked out of the office, nor any of those other things. Their union goes straight to court and gets an injunction to restore all those things. And launches a massive action for damages.

          CommoChief in reply to Milhouse. | April 7, 2024 at 11:46 am

          Yeah they are locked out. They can remain on the payroll while they appeal but their govt issued electronic devices (phone/CPU), credentials, office access, work email can all be denied while they are sitting in a warehouse pending their appeal.

          They may have some twisted civil service rules that keeps their pay going BUT they do not have any right to the ‘authority’ or responsibilities of their position. Stick them in a warehouse like I am told some ineffective NYC teachers are pending appeal. That’s their new place of duty and if they fail to report ….well insubordination is a legit cause for termination.

          Which is why ALL public unions should be abolished immediately. All of them. Every last one. No union should ever hold our federal (or state!) governments hostage, nor should they be in a position to do so.

    I’m a fan of this idea. Send them to the boondocks to count paper clips. Then hire good people to the real job. Sure, it sucks for taxpayers, but when it hurts hard enough maybe voters will wake up and stop voting for crazy.

In theory, President Trump can reverse this with a single executive order. In reality, when he tries to do so, he will end up in court immediately and will probably lose simply because of who he is.

This is completely unconstitutional, of course. But to a lot of people, unfortunately including a lot of judges, the Constitution is irrelevant.

    Gosport in reply to irv. | April 5, 2024 at 3:43 pm

    That’s why you reverse every single one of them individually and make them fight every time.

    It will be nice to have the high ground and the initiative for once in this war.

      Ironclaw in reply to Gosport. | April 5, 2024 at 6:44 pm

      Not to mention that the unlimited resources of the government would actually be fighting for something good for a change.

    Milhouse in reply to irv. | April 6, 2024 at 7:21 am

    In theory, President Trump can reverse this with a single executive order

    No, he can’t. This is not an EO, it’s a federal regulation, done all nice and proper under the APA, and the only way to change it is via the APA. Which takes years of careful work.

    And no, it is not unconstitutional.

      CommoChief in reply to Milhouse. | April 6, 2024 at 8:29 am

      Congress could do so using the Congressional Review Act but there are probably too many sell outs to the employee unions/establishment to get it done.

        Milhouse in reply to CommoChief. | April 6, 2024 at 4:39 pm

        The current congress has 60 legislative days to do that, but why would it want to? The House might, but the senate wouldn’t, and Biden would certainly not sign it.

        The CRA is backwards; it should take only one house to disallow a regulation, not both plus the president. As it is, there is no real difference between a CRA disallowance and a brand new law repealing the regulation. Both need the exact same majorities and president’s signature or enough votes to override a veto. So what’s the point? The only difference is that CRA resolutions can’t be filibustered in the senate, so you can pass them with 51 senators instead of 60.

        It should be the other way around. A regulation’s authority is delegated from Congress, so it’s as if it has been passed by both houses and the president. Therefore any one house should be able to say no, we do not approve this, so it’s invalid. I believe INS v Chadha was very wrongly decided and should be reversed.

          CommoChief in reply to Milhouse. | April 7, 2024 at 11:48 am

          I was under the impression it was five years for.Congress to take action.

          CommoChief in reply to Milhouse. | April 7, 2024 at 11:52 am

          Now I see. It is a.60 day clock once.the rule/reg is submitted to Congress by the Agency which made the rule/reg. Previously in submitted rules/regs haven’t had their clock start yet.

Trump had already started on this during his first Term when he moved the Department of Agriculture HQ to some small town in Colorado. He was planning on doing this to the rest of the Admin.

    JohnSmith100 in reply to JG. | April 5, 2024 at 3:39 pm

    For some reason I like the Arctic idea more, they really need to suffer, have time to think about the error of their ways. There should be two locations, separating men and women.

      Krichewsky in reply to JohnSmith100. | April 5, 2024 at 5:44 pm

      Huh? USDA HQ is at 1400 Independence Avenue, SW Washington DC. The library and other administration is in nearby Beltsville, MD as the the USDA Farm.

    Krichewsky in reply to JG. | April 5, 2024 at 5:45 pm

    Huh? USDA HQ is at 1400 Independence Avenue, SW Washington DC. The library and other administration is in nearby Beltsville, MD as the the USDA Farm.

    JR in reply to JG. | April 5, 2024 at 6:25 pm

    Yes, as usual, he never finished the job. BUILD THE WALL!

    Milhouse in reply to JG. | April 6, 2024 at 7:28 am

    Not the Department of Agriculture. Two agencies, the National Institute of Food and Agriculture and the Economic Research Service, were moved to Kansas City.

    Dems have introduced legislation to make it harder to make such moves in future, but I don’t think it passed.

    Except the FBI. He wanted the have a big beautiful building right in DC. And they are getting it under Biden. Of course.

I wonder what the real “Hail Mary” play will be?

    txvet2 in reply to scooterjay. | April 5, 2024 at 3:26 pm

    Can you say “amnesty”?

      scooterjay in reply to txvet2. | April 5, 2024 at 4:28 pm

      Amnesty is not going to be the answer as Latinos seem to understand how government is corrupt and are accustomed to being lied to.

        TargaGTS in reply to scooterjay. | April 5, 2024 at 4:49 pm

        Older Latinos understand what’s going on. First generation+ Latinos are one of the most progressive of all voting cohorts, only eclipsed by Asians and Muslims for their leftward tilt. There’s a reason California is an ungovernable disaster and that reason is ‘Latinos,’ which account for more than a quarter of all California voters.

    guyjones in reply to scooterjay. | April 5, 2024 at 4:42 pm

    I suspect a big announcement about cutting off munitions deliveries to Israel, is in the works. An evil betrayal of morally upright values, in order to pander to and kowtow to the Dhimmi-crats’ Jew-hating, Israel-vilifying, Muslim supremacist and Islamofascist constituents in Michigan and elsewhere in the U.S., and, to throw a bone to the non-Muslim, but, just as vociferously Jew-hating and anti-Israel, useful idiots in the Dhimmi-crat base.

      scooterjay in reply to guyjones. | April 5, 2024 at 6:40 pm

      I feel pretty much the same. If FJB throws Israel to the wolves we may be the heel struck by the serpent.

      buck61 in reply to guyjones. | April 5, 2024 at 8:11 pm

      The US spent millions on an air base within the borders of Israel, Israel could throw the US off that base as retaliation just like what happened recently in Niger.

ThePrimordialOrderedPair | April 5, 2024 at 3:24 pm

Unelected bureaucrats working in the ridiculously invasive executive branch’s many agencies, publicly declared war on him, and he . . . well, he did nothing.

He rightfully and correctly and justifiably fired Comey, the treasonous scumbag, and that kicked off the insane Mueller persecution – with help from the usual suspects of treasonous GOP turds in the Senate. Comey was someone who needed to not only be fired, but tried. But the whole Deep State set on Trump with that one firing and, after that, he didn’t feel very free to do the necessary firings in the Executive branch. I think it’s understandable.

Trump has taken more abuse and persecution for trying to do the right things – so, so many right things, which is what our decaying, fetid corpse-man of a bureaucracy requires – but he has been savaged at every single turn, not just by the insane left but also by the collusion of the traitorous Mitch McConnell-type “right”.

    He’s also been savaged here on this blog truth be told despite his being hamstrung every single day and stabbed in the back with no mercy

    The Comey firing is not relevant to this topic. Comey was a political appointee who could be fired. This is about career civil servants, who have very strong protections, negotiated over the course of years, which are difficult to get around.

    There are only two ways to undo this: a new regulation, which Trump can push through but will take most of his term, or legislation, which he can’t do on his own and requires the numbers in Congress.

      ThePrimordialOrderedPair in reply to Milhouse. | April 6, 2024 at 11:39 pm

      The Comey firing is not relevant to this topic. Comey was a political appointee who could be fired.

      That emphasizes my point.

    True, he fired Mueller, but he made a major mistake by not withdrawing the US gvt owned jet that he used to fly to Ca (or wherever he was). He should have made it clear that Mueller was fired immediately and made him find his own way back to DC.

    The Gentle Grizzly in reply to ThePrimordialOrderedPair. | April 6, 2024 at 3:56 pm

    What you write is exactly why I believe that once most Americans see past the smoke and mirrors – and I think they will – the lid will blow off the country like it did in 1861.

Not surprised the Deep State now runs the Deep State and no elected president can touch the Deep State.
Fire them all just like former Democrats have done. How does the Deep State have control of the Constitution?

    JR in reply to Skip. | April 5, 2024 at 6:33 pm

    The Deep State has control of the Constitution because Donald Trump didn’t do a damn thing about it for 4 years.

      steves59 in reply to JR. | April 5, 2024 at 9:11 pm

      Bullshit. The Deep State has been in place for years. It’s only relatively recently that their role in undermining the will of the citizenry has been revealed.
      See Phil Hamburger’s “Is Administrative Law Unlawful?” circa 2014 or so.

      Paddy M in reply to JR. | April 6, 2024 at 8:58 am

      Had he done anything about it, you would’ve howled with indignation and supported impeachment. I guarantee that you supported both impeachment AND Mueller’s nonsense investigation, but you’ll just lie about that like you do about quotes from Powerline.

As has been discussed here (with regard to a POTUS’ authority to classify and declassify documents), all executive power is vested in the POTUS. So how do all the other officers and employees exercise authority that belongs to the POTUS? By delegations of authority from the POTUS down the chain of command to anyone in the executive branch who is tasked with decision-making and/or executing executive functions.

How does the POTUS leverage this? By withdrawing the delegations of authority to those agency heads, office chiefs, and individual employees who rely on those delegations to perform their work functions, and reassigning those functions to those willing to carry out the policies of the elected POTUS.

Those whose executive authority has been withdrawn will still have to come to work if they want to get paid, but legally they will no longer be able to perform any executive function, effectively paralyzing them.

    Disgusted in reply to DaveGinOly. | April 5, 2024 at 4:19 pm

    I agree with you. Executive power is non-existent if it doesn’t include the power to hire and fire at any time for any reason. But I quibble with your last paragraph. While I’d rather to pay them to sit by the window and do nothing than to further damage our country, I see no reason why the president can’t simply fire them. To the extent that civil service “protections” impair the ability of the president to hire and fire, the protections are unconstitutional. Fire them. Escort them out of the building. And let them litigate case by case. The Demos have shown us just how expensive it is to litigate against the federal government’s unlimited resources. Tot-for-tat is a winning strategy. What’s good for General Flynn will also be good for every single one of Biden’s hacks.

      Disgusted in reply to Disgusted. | April 5, 2024 at 4:23 pm

      In fact, change the venue statute to require all civil service claims to be filed in the District of Mississippi and appealed to the Fifth Circuit. We need our own federal courts in which to wage law fare. The Chief Justice is quite mistaken in his pretense that there are no such things as “red” judges or “blue” judges. But as long as he wants to pretend that all judges are the same, he shouldn’t;t have any objection to litigating in red states instead of Hawaii, California, New York, and DC. After all, all judges are the same. Tit-for-tat.

        gonzotx in reply to Disgusted. | April 5, 2024 at 4:27 pm

        Robert’s knew that when he said that

        Milhouse in reply to Disgusted. | April 6, 2024 at 7:35 am

        Changing statutes is the key. But to do that you need the numbers in Congress, both to pass it and to sit out a filibuster.

          Disgusted in reply to Milhouse. | April 6, 2024 at 7:53 am

          Good point, Milhouse. Which raises a bigger problem. I like the filibuster (even if it would prevent overtly political moves like forcing litigation in venues favorable to conservatives). But the Democrats will end the filibuster the moment they get control of the House, Senate, and White House. Then they’ll cram through their “fundamental transformation” agenda (no voter ID, same day voter registration, unlimited absentee voting, pack the Supreme Court, and statehood for DC and PR).

          My proposal. If the Rs run the table in November: (1) propose a Constitutional amendment to codify the legislative filibuster; (2) start a nine-month clock on approving the proposed amendment (it only took 100 days to give 18 year old children the right to vote); (3) if the amendment is approved–great–Democrats and Republicans alike live with the filibuster until the Constitution is again amended; (4) if the amendment isn’t approved, on day 273, end the filibuster by majority vote in the Senate and proceed to pass voter ID, same day in-person voting, a spending cap, return power from the administrative state to the Congress, simplify the tax code, and generally get the country’s finances under control.

          A world with a filibuster is the best world (because the government that governs least governs best). But if the filibuster is going to end (and anyone who doesn’t believe the Dems will end it is quite stupid), the party ending the filibuster will determine the trajectory of our country for several generations.

          Milhouse in reply to Milhouse. | April 6, 2024 at 8:25 am

          But the Democrats will end the filibuster the moment they get control of the House, Senate, and White House.

          They didn’t the last time they had all three.

          And they don’t need all three to end the filibuster. They just need a senate majority. They did it for appointments, but they refused to do it for legislation. So what has changed? Why are you so sure they’ll do it, when they didn’t do it before?

          Disgusted in reply to Milhouse. | April 6, 2024 at 8:52 am

          I believe they’ll do it because Schumer has tried to do it in the past (although he then only wanted an “exception” to the filibuster for election reform–exceptions over time have a tendency to eat the rule–see California’s ongoing effort to create “exceptions” to the bar on racial discrimination).. The window of what’s acceptable to the Democrats has moved to the left and they’re willing to do anything they can to get and retain power. Packing the Supreme Court and taking highly partisan steps that don’t have public support were once unacceptable–but I think times have changed. What’s the problem with guaranteeing a filibuster regardless of who controls the Senate?

          CommoChief in reply to Milhouse. | April 6, 2024 at 8:55 am

          Disgusted,

          All good suggestions. The one issue is the ‘spending cap’. We already have it and it doesn’t work. Politicians spend taxpayer dollars to aid their odds of re-election and that won’t change. A balanced budget amendment would work or even some limit on debt/borrowing as a % of GDP (though you’d have to remove govt spending from the GDP calculation to avoid gamesmanship). Heck a limited return to a linkage to a gold standard by using a direct Silver exchange for dollars and just letting the market maintain the relationship between silver and gold would do wonders to rein in spending; the Fed Reserve would have an actual outside market based constraint on expansion of the money supply.

          Obie1 in reply to Milhouse. | April 6, 2024 at 2:43 pm

          Or, you could do as Biden does and just ignore the law and Supreme Court rulings. Yeah, he may get enjoined but it will take a long time for final rulings. “John Marshall has made his decision, now let him enforce it.”

          Milhouse in reply to Milhouse. | April 6, 2024 at 4:45 pm

          I believe they’ll do it because Schumer has tried to do it in the past

          Schumer didn’t try to do it. He suggested doing it and was shouted down by his own side.

          Milhouse in reply to Milhouse. | April 6, 2024 at 4:47 pm

          Or, you could do as Biden does and just ignore the law and Supreme Court rulings.

          No, he doesn’t do that. No matter how many times you hear it repeated, it remains a lie.

          . “John Marshall has made his decision, now let him enforce it.”

          Is a myth. Jackson never said that, and never defied a court order.

    Milhouse in reply to DaveGinOly. | April 6, 2024 at 7:34 am

    The employment conditions of the civil service are based in statute, starting with the Pendleton Act that got rid of the spoils system. Presidents cannot just hire and fire as they used to do in the 19th century. At the time this must have seemed like a very good idea. ~150 year of experience with it has shown it not to have been. We’d probably be better off with the spoils system than we are now.

Well, if it’s simply a rule change then you change the rules back.

“And now we have Biden (or whomever is animating him)”

It’s “whoever.”

It means “the person who,” and the “who” part is the subject of “is animating” and hence in subjective case.

The “person” part is in the objective case if you want to think of it that way, but its case doesn’t show up in the text.

See Fowler 2nd edition.

    ThePrimordialOrderedPair in reply to rhhardin. | April 5, 2024 at 4:15 pm

    Whatmever.

    Olinser in reply to rhhardin. | April 5, 2024 at 6:42 pm

    *Thick German accent*

    Do you sink grammar is a GAME?!?!?!

    DSHornet in reply to rhhardin. | April 6, 2024 at 10:12 am

    Agree, but do you ever tire of picking nits?
    .

      rhhardin in reply to DSHornet. | April 6, 2024 at 5:55 pm

      Modern English allows, even encourages, using “who” where “whom” used to be prescriptively required. Allows = it doesn’t sound wrong to a modern English speaker.(Exception: fronted prepositions “For whom the bell tolls” is required, but “Who the bell tolls for” is okay.)

      It’s a major mistake to use “whom” where “who” is required, however. It sounds wrong so it marks an effort to sound high class. The wise rule is, if you can’t really easily tell which is required, use “who.”

      Thurber mockingly said that the apparent rule is that you use “whom” when a note of dignity or austerity is desired.

      https://www.ling.upenn.edu/~beatrice/humor/whom-thurber.html

Fat_Freddys_Cat | April 5, 2024 at 4:20 pm

Heh. Why do this? I thought the mighty Dark Brandon was going to kick Trump’s ass.

    Milhouse in reply to Fat_Freddys_Cat. | April 6, 2024 at 8:26 am

    They’ve undoubtedly been working on this since 2021, and it took them this long to do it. They want it in place even if they win this year, so why not do it now? Why wait any longer than they’ve already had to wait?

As if expertise and political loyalty are mutually exclusive. Trump will cause insurrection. The politically loyal will not be able to help themselves and not give cause. They are saving democracy, after all.

Let them, we have a Republic

Mauiobserver | April 5, 2024 at 5:11 pm

The previous answers on transfers, countering with his own executive orders and massive layoffs are all tactics that should be taken.

If Trump wins and the GOP takes both the Senate and the House immediately call a recess and make as many recess appointments as possible. Of course this means that both houses have leadership that are not GOPe.

Pass single item budgets massively cutting the bureaucracy which of course the Senate won’t pass. Since these are budget items then lump them together and pass a reconciliation bill which only requires a simple majority in both houses.

The media will scream murder and the Dems will sue but if the GOP stands firm they will prevail and in part restore our constitutional republic.

    Olinser in reply to Mauiobserver. | April 5, 2024 at 5:39 pm

    Biiitch McConnell intentionally kept the Senate ‘in session’ for FOUR YEARS for the specific purpose of denying Trump the ability to put anybody in place that the RINOs didn’t approve of.

    And if he succeeds in putting his RINO disciple Cornyn in as his replacement ‘leader’, Cornyn will do the same thing.

    So I don’t want to hear any crap about Trump’s ‘choices’, when those choices are hamstrung by the GOP establishment.

      gonzotx in reply to Olinser. | April 5, 2024 at 5:53 pm

      Exactly

      Milhouse in reply to Olinser. | April 6, 2024 at 8:10 am

      That is BS.

      For one thing, the Senate can’t adjourn for more than three days without the House’s permission. So for the last two years of Trump’s term McConnell couldn’t have created a recess even if he wanted to.

      CommoChief in reply to Olinser. | April 6, 2024 at 9:02 am

      You do understand that the role of the Senate is to provide advice and consent to nominees? Like it or lump it but individual Senators get to vote how they want and if their constituents back home don’t vote them out of office for refusing to confirm a particular President’s nominees then that’s tough cookies; blame the complacent voters who keep returning these a-hole establishment jackass career politicians to the Senate. Most folks would rather bitch and moan instead of doing the very hard work of ringing a legitimate primary opponent who can defeat some rino like Sen Cornyn in the TX GoP primary AND very importantly WIN general election. Tall order.

        Obie1 in reply to CommoChief. | April 6, 2024 at 2:51 pm

        I assume you realize that the advice and consent clause like everything else has exploded over the years, Presidents used to walk over to the senate with a list of appointees and ask, “do you advise and consent?” And of course the SOTU was written rather than delivered as a campaign speech. We need some reversion to simpler times.

      Please stop reading crap sites (it’s the only explanation for this wildly incorrect statement). You’ll be so much happier.

“Essentially, then, we have a sitting president attempting to hamstring a potential future president over his own branch of government by ensuring that his (Obama-Biden’s) political allies remain in unchecked power, in the kind of deep state power that actually undermines the duly-elected president. How does this play out?”

Simple, rescind the rule.

MoeHowardwasright | April 5, 2024 at 6:02 pm

Take a page from Argentina, just start knee capping whole departments. Start with Education. You don’t need to fire anyone. Just shut off the internet, phones and tell them that the workday starts at 3am and ends at 330am. Then mandate that they just sit in their office/cubicle with no reading, radio, cell phones until 1230 pm. Strong out the start/stop times for every problematic agency/ department across the federal landscape. FJB

    Dept of Education and the EPA which was established by Nixon through an executive order. Abolish them. I think Vivek should be in charge of getting this done

      JR in reply to diver64. | April 5, 2024 at 6:35 pm

      Too bad that Trump didn’t do a damn thing about abolishing them when he was president. Do you really think anything will change if he is re=elected?

        Not with you.

        Dimsdale in reply to JR. | April 5, 2024 at 7:17 pm

        You are tiresome. Enjoy your Bidentime.

        AF_Chief_Master_Sgt in reply to JR. | April 5, 2024 at 7:27 pm

        Trump has accomplished more in his four years as a hamstrung president, than you have EVER accomplished in your entire miserable life.

        Jealousy is a fucking bitch, isn’t it?

        steves59 in reply to JR. | April 5, 2024 at 9:13 pm

        Your TDS has left an ugly rash where your face is. You should get that looked at.

        diver64 in reply to JR. | April 6, 2024 at 6:20 am

        IDK. I think Trump was naïve in thinking that once he was elected everyone would settle down because he was President. He is under no illusions as to how deep the rot is this time so maybe. I can say that if Brandon is elected this country is in very, very deep trouble.

        Obie1 in reply to JR. | April 6, 2024 at 6:50 pm

        In med school we had a technical term for folks like you–I believe it was “dickhead.”

      Milhouse in reply to diver64. | April 6, 2024 at 8:16 am

      The EPA was initiated by an executive order, but Congress had to approve it and did.

    The president can’t abolish departments without Congress. They’re established by law, and can only be disestablished by law.

      Well, they aren’t ALL established by law, which is why we need to pay attention to when whackjobs say they will abolish the Dept of Education on Day One (they can’t, it was established by Congress and must be revoked by Congress . . . a thing I would LOVE to see), but other departments are NOT established by law, like all the variations of the Minister of Truth departments the DOJ spawns practically weekly. They do not require an act of Congress to abolish.

Don’t be fooled or surprised. Actions like these are countermeasures one takes when defeat is a near certainty. Yesterday, Jill Biden remarked, “…It’s obvious that Joe is going to win re-election.” So what’s changed? They know the party is about to be over. What has changed is that the Administration knows Biden is going to lose badly but they haven’t told Jill or Joe yet.

Trump is a loser. He has not learned anything. If he is re-elected, he will make all the same mistakes that he made the first time. All of his supporters will refuse to acknowledge this. They will blame all of his failures on the GOPe, the media, the deep state, the globalists (including the Jewish bankers and Jewish control of the entertainment industry), just as Trump supporters have always done Pathetic.

    TDS makes you a thoroughly unreliable criticm a graduate of the Cheney/Haley/Christie school. Sanctimonious, too.

    Dimsdale in reply to JR. | April 5, 2024 at 7:19 pm

    So reelecting Biden is your “solution?”

    How very pathetic.

      Paddy M in reply to Dimsdale. | April 6, 2024 at 9:39 am

      No, his solution is to elect milquetoast RINO losers that put us in a position that made Trump popular to begin with. JR is one of the many Republicans with “””””principles””””” and principle #1 is that Republicans must never do anything slightly untoward.

    AF_Chief_Master_Sgt in reply to JR. | April 5, 2024 at 7:32 pm

    If Trump is a loser, you wouldn’t rate being a pimple on Trump’s ass.

    Have you EVER created anything that will have a lasting legacy beyond your rotten carcass feeding worms?

    Few people, beyond your worthless children, will ever know your name, let alone celebrate anything you have done. In fact, the worst president we’ve had, Jimmuh Cahtah, will still have a lasting legacy that goes beyond you.

    Even Bill Clinton’s brother had Billy Beer, and that will be remembered far after you are gone.

      AF_Chief_Master_Sgt in reply to AF_Chief_Master_Sgt. | April 5, 2024 at 10:22 pm

      I was hoping JE would make a comment that Billy Beer was from Carter’s brother, not Clinton’s.

      I was hoping to prove the point that even Billy Carter was better known than JR.

    steves59 in reply to JR. | April 5, 2024 at 9:15 pm

    What’s your purpose, other than to spew anti-Trump venom?
    Who do you think you are, Bill Kristol?
    You’re probably one of Rick Wilson’s kiddie porn buddies over at the Bulwark.

    diver64 in reply to JR. | April 6, 2024 at 6:21 am

    President, Billionaire, Super Model wife. Total loser.

    Obie1 in reply to JR. | April 6, 2024 at 2:58 pm

    As you are such a seer and know exactly what will happen in the future, I challenge you to predict the winners (against the spread) of tonight’s NCAA games, as well as the over/unders. If you can’t get at least 3 out of 4, or don’t even post your predictions, I will consider you a far greater loser than Trump–and you’re not even a billionaire.

    I kind of agree with you, JR, but the other alternative is what we have, a near dead puppet who is presiding over an absolutely destructive (to America and to Americans) agenda. In this scenario, I’m going with Trump. He may not turn things around, but he will definitely stop the destruction of America in its tracks. He did that much last time, and he will again.

    We need someone who gets it, but we don’t have that option, so we are stuck with this choice. And in this case, seeing the damage Biden is doing across every sector, industry, society, and culture (not to mention the global unrest he’s presided over and, in some cases, helped foster), I’m all-in on the Trump train. You don’t have to like to him to see that hitting pause on this Obama-Biden disaster is a good idea.

surfcitylawyer | April 5, 2024 at 8:17 pm

Eliminate jobs. Let’s start with those writing regulations requiring home appliances that do not work, then the EV mandate. Next would be getting rid of those running governmental benefit programs that do not deliver at least 90% of the money they get to the people in need.
These Reductions In Force (RIF) will help balance the budget. Under the RIF rules, veterans and disabled veterans will keep their jobs, while others will need to find new jobs.

Team Pudding Cup is trying to create a Gordian Knot for Trump. What they’re not counting on is Trump taking a leaf from Alexander the Great: taking a sword and simply chopping through it.

    Milhouse in reply to MarkJ. | April 6, 2024 at 8:18 am

    And how do you propose he do that? It’s a nice idea, but I don’t see how it can be done. What’s needed is legislation, which requires the numbers in Congress, and the patience to deal with Dem obstructionism.

George_Kaplan | April 6, 2024 at 6:14 am

If people can’t be fired, can they be transferred to penguin counting in winter in north Alaska?

Or vulture counting in Death Valley during summer?

If one regime can make rules to protect themselves, the replacement must be able to use their own rules against them, else they’re claiming supremacy over the Constitution’s division of power.

While this is of course very concerning and a worthy topic for discussion, the subhed goes a bit over the top:

We have a sitting president attempting to hamstring a potential future president over his own branch of government

Yes, of course we do. How is that different from what every administration does to its successors. In recent decades it’s become standard procedure to see hosts of new regulations issued in the last year of an administration, which will bind its successor for several years. Usually these are regulations the administration has worked on since it came in, slowly ushering them through the regulatory process, so they can be proclaimed before the term expires. It’s simply a result of how slow it is to make regulations under the APA.