This does not extend to the Judicial branch. It only applies to the Executive branch. You can read the EO yourself to see that fact.
This is bad because it is trying to exert control over independent agencies, and pretty stupid because there is something like 5000 final rules and proposed rules in the Federal Register last year, so if this were seriously implemented, the AG and POTUS would just sit in teams meetings for the rest of their terms while potential rules get discussed.
This is bad because it undermines the independence of federal agencies, it does not actually impact the Judicial system however.
This is bad because it undermines the independence of federal agencies, it does not actually impact the Judicial system however.
I assume that independent agencies would primarily look to judicial precedents for guidance on interpreting the law, so the order is stripping the judicial system’s influence even if it’s not stripping its explicit authority.
Federal Agencies make their own rules. That is how the Federal government works. Congress makes a law, usually with enough ambiguity that the federal agency charged with enforcing the law has to make specific interpretations. They make those interpretations, usually under some process that requires public notice and comment, and that interpretation becomes the law in effect. That interpretation can be challenged through a lawsuit, at which point a Judge could overrule the interpretation establishing a new interpretation through judicial review. Until recently, the courts gave a lot of deference to the agency’s rule making process because rules are usually written by a combination of lawyers at the agency, and subject matter experts. So, for example if a new law regulating factory safety was passed, and the enforcement of the law was delegated to OSHA, then OSHA lawyers and subject matter experts (like doctors or engineers working for the agency) would make a rule and solicit public comment.
Nothing about this EO can, or pretends to. usurp the power of the judicial system. The AG can make any interpretation they like, it can still be challenged in a Court. And after the Chevron court case, these rulings are easier than ever to challenge.
The more valuable and critical a government employee knows they are; the more effective they can be by doing this.
Everyone in any federal agency who is resisting and who is being ordered to do something they object to should be falling to this maliciously compliant default to the maximum extent they can afford to do so. Gum up the works; extend out projects, stretch deadlines out, passively resist every step of the way and insist that every possible reasonable rule be followed to it’s exact and literal definition…even if it’s not common practice or expedient.
Exhaust the servants of the tyrant of their every resource; run these liaisons ragged; overload them with petty questions and minor, but critical, decisions; especially if they’re bogged down. If you can make them quit or get fired by the cheeto in a non suspicious way; all the better. Making it impossible to keep a liaison in your department will keep them guessing if they keep quitting on their own due to extreme stress and overwork.
Anybody who is a Political Appointee should be considered a hostile co-worker automatically and kept out of every loop possible. Make them battle for every inch of information or status updates and give as little information as you can while only answering explicit questions. Bonus points if management is in on the game; and can ping-pong any information requests around violently across all the various managers and supervisors who each only leak a tiny tidbit of information.
This does not extend to the Judicial branch. It only applies to the Executive branch. You can read the EO yourself to see that fact.
This is bad because it is trying to exert control over independent agencies, and pretty stupid because there is something like 5000 final rules and proposed rules in the Federal Register last year, so if this were seriously implemented, the AG and POTUS would just sit in teams meetings for the rest of their terms while potential rules get discussed.
This is bad because it undermines the independence of federal agencies, it does not actually impact the Judicial system however.
those independent agencies are set up that way specifically to avoid being controlled by a president.
It still says that executive branch employees should just follow orders, which is not compatible with the rule of law.
I assume that independent agencies would primarily look to judicial precedents for guidance on interpreting the law, so the order is stripping the judicial system’s influence even if it’s not stripping its explicit authority.
Federal Agencies make their own rules. That is how the Federal government works. Congress makes a law, usually with enough ambiguity that the federal agency charged with enforcing the law has to make specific interpretations. They make those interpretations, usually under some process that requires public notice and comment, and that interpretation becomes the law in effect. That interpretation can be challenged through a lawsuit, at which point a Judge could overrule the interpretation establishing a new interpretation through judicial review. Until recently, the courts gave a lot of deference to the agency’s rule making process because rules are usually written by a combination of lawyers at the agency, and subject matter experts. So, for example if a new law regulating factory safety was passed, and the enforcement of the law was delegated to OSHA, then OSHA lawyers and subject matter experts (like doctors or engineers working for the agency) would make a rule and solicit public comment.
Nothing about this EO can, or pretends to. usurp the power of the judicial system. The AG can make any interpretation they like, it can still be challenged in a Court. And after the Chevron court case, these rulings are easier than ever to challenge.
Seems like a great opportunity for some malicious compliance. Force them to preside over every decision
This 100%.
The more valuable and critical a government employee knows they are; the more effective they can be by doing this.
Everyone in any federal agency who is resisting and who is being ordered to do something they object to should be falling to this maliciously compliant default to the maximum extent they can afford to do so. Gum up the works; extend out projects, stretch deadlines out, passively resist every step of the way and insist that every possible reasonable rule be followed to it’s exact and literal definition…even if it’s not common practice or expedient.
Exhaust the servants of the tyrant of their every resource; run these liaisons ragged; overload them with petty questions and minor, but critical, decisions; especially if they’re bogged down. If you can make them quit or get fired by the cheeto in a non suspicious way; all the better. Making it impossible to keep a liaison in your department will keep them guessing if they keep quitting on their own due to extreme stress and overwork.
Anybody who is a Political Appointee should be considered a hostile co-worker automatically and kept out of every loop possible. Make them battle for every inch of information or status updates and give as little information as you can while only answering explicit questions. Bonus points if management is in on the game; and can ping-pong any information requests around violently across all the various managers and supervisors who each only leak a tiny tidbit of information.