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Corey Lynn 🇺🇸 @CoreysDigs
, 20 tweets, 6 min read Read on Twitter
BOOM!

President Donald J. Trump is Enhancing the Efficiency of America’s Administrative Law Courts
whitehouse.gov/briefings-stat…
A few key notes: The Executive Order allows agency heads to directly hire ALJs without going through the complex Office of Personnel Management (OPM) selection process by creating a new excepted service “schedule E” for them.
In a decision authored by Justice Kagan, the Supreme Court recently ruled in Lucia v. SEC that Securities and Exchange Commission (SEC) ALJs are considered “inferior officers” of the United States as opposed to ordinary employees.
The Appointments Clause limits who may appoint inferior officers. It permits such officers to be appointed by the President or Department heads, as Congress has by law provided, but it does not allow them to be hired like ordinary government employees who...
... are not appointed in a manner consistent with the Clause.

In Lucia, the Supreme Court vacated a decision made by an SEC ALJ, ruling that the ALJ was improperly appointed and therefore not authorized to rule on behalf of the SEC.
👉 The logic of Lucia casts doubt on the validity of many – if not all – ALJ appointments within the Federal Government. 👈

Agency ALJs are selected through a complex process that limits the flexibility of agency heads in making these appointments.
Some ALJs may not have been appointed by the head of the agency, but by lower agency officials. Other ALJs may exercise significant authority and could be classified as inferior officers under this ruling.
Any ongoing legal uncertainty over ALJ appointments and authority could hinder the enforcement of dozens of important laws protecting Americans.
The order reduces legal uncertainty under the Appointments Clause and helps to ensure that agencies can continue to enforce the law and serve the American people.
This order is an important step in preempting arguments going forward that ALJs have been unconstitutionally selected and that their decisions should be overturned.
This order addresses potential constitutional concerns with the ALJ appointment process without affecting new ALJs’ decisional independence after they are appointed or altering the status of incumbent ALJs.
To understand the power of the SEC ALJs, click here: sec.gov/page/aljsectio…
@POTUS just put the power back where it belongs in order to weed out the nefarious cover-ups we all know have been taking place for a long time. The court case was decided upon on June 21st, & SEC records reflect this in their orders as "stayed" 30-days until decided actions.
One other note: January 20, 2017 @POTUS nominated Jay Clayton to chair the SEC, and he was sworn in on May 4, 2017. He is an "independent".
This is the general role of the SEC:
Do the best of my knowledge I don't believe the SEC gets terribly involved with NGOs. They are more oversight of public companies, trade, markets, etc. which we all know there have been plenty of crimes in that arena. However...
If those companies are involved in pay-to-play schemes with the NGOs, that may present an entirely different problem in which the SEC would get involved. I am no legal pro, so this is my speculation. If someone can offer more insight, please do.
Here is an article pertaining this new EO, which explains it quite well:
govexec.com/management/201…
I haven't finished reading this, but I want to include it, because it's a rather interesting find. In searching the SEC for any Clinton Foundation docs, I came across this. This is only a snippet. Other orgs in here as well. Go to pages 5-13: sec.gov/divisions/corp…
Here is a list of all Federal Agencies that utilize ALJs:
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