Thread by @RenzTom

🧵🧵BREAKING: Trump signs new Executive Order defining DOGE & fighting back against lawfare and judicial overreach!

The new EO focuses on defining DOGE more concisely but underlying that appears to be a clear message to the courts - DOGE is legal and here is how it works. @realDonaldTrump @elonmusk @DOGE @RealAlexJones @VigilantFox

A number of the lawsuits challenging DOGE initiatives lob unsupported allegations about what DOGE might do based on what seems to be simple rhetoric on X or elsewhere. The purpose of this EO is really to better define and provide clarity regarding DOGE’s role and authority. This should provide ammo for the attorneys defending against the lawsuits the swamp is filing.

The core of the order is related to DOGE’s role in reducing the federal workforce. Remember - DOGE looks at the existing or potential software to improve efficiency so it makes sense that they would use that knowledge coupled with feasible software development solutions to provide input on the necessity of personnel.

Right off the bat Trump asks for a plan to reduce the size of government and initiates a hiring to firing ratio directive. The request for a plan requires that the OMB Director figure out how to reduce the size of the federal workforce through “efficiency improvements and attrition.”

The plan must include a requirement that an agency can only hire one new employee for every 4 that are terminated or depart.

This order will essentially modify the hiring freeze. The BEST part of this order is that the hiring ratio and freeze do not apply to public safety or immigration enforcement but a total freeze remains on the IRS.

The next part of the EO defines how DOGE plays a role in hiring. Remember that DOGE is fundamentally about using data and innovation to drive efficiency. To that extent, Agency heads are being asked to develop a “data-driven plan” with their internal DOGE teams regarding hires.

DOGE teams include (at minimum) a lead, an HR person, an engineer, and an attorney. The EO requires hiring be done in accordance with the law which will limit these nonsensical political lawsuits. This will also be easier to do because of the structure of the DOGE teams.

DOGE is also given limited “veto power” over hires. If the hire is not aligned with the law or otherwise appears wasteful then the team lead can say no. The agency head can override the team lead - which is required under the law - but will likely have to be able to explain his or her self if that happens frequently.

DOGE teams will then provide monthly hiring reports to USDS so the President and Elon can keep an eye on the project.

The EO also tells agency heads to prep for major lay-offs or terminations. These are called “reductions in force” or RIFs. The President wants to eliminate unnecessary employees not required by law. This means that anyone whose job is not required by statute or not in public safety/security or immigration enforcement is probably on the chopping block.

The President specifically points out DEI hires as being unnecessary and is clearly planning to terminate those personnel. He also is terminating anyone working on projects not required by law that run in opposition to his policies. This is well within his authority under the law and makes complete sense - why would he allow people to work on projects that are not required and he doesn’t like?

Trump also tipped his hand as to part of the legal strategy here. By noting that he is looking at employees that are typically not designated as essential during appropriations lapses he is signaling that he will use that non-essential designation as a legal justification for being able to terminate some positions.

Part (d) is 100% a legal maneuver. The President cites CFR 731.202(b) which is titled “Criteria for making suitability determinations.” This regulation is about ensuring federal hires are “suitable” for employment under the law. Anyone not meeting these standards is generally considered “unsuitable” for hire. Trump orders the OPM to initiate a rulemaking that will revise the CFR to include certain other criteria that would allow for termination of potentially undesirable federal employees. Trump is requesting 4 additions to the current rule:

1. Federal employees should be paying taxes just like the rest of us;
2. Federal employees should be legal citizens;
3. Feds must certify that they are complying with the law as it pertains to personnel practices… this basically means that you can no longer break the rules of employment and keep your job because you are buddies with the supervisor or you and the supervisor may get fired.
4. You can no longer steal, misuse, or “lose” government resources without risking termination.

These are very basic and common sense additions the will be a tremendous shock to these unaccountable bureaucrats.

Part (e) might appear to be boilerplate but it is important for legal reasons. Trump wants to clean house but the absurd amount of law that governs our nation is more than any one person can grasp. As such, Trump asks for reports on the relevant law so he can make sure he is precisely following the law when implementing these massive RIFs.

In Part(f) Trump makes people accountable for this order. The head of DOGE (USDS) is required to submit a report to the President within 240 days of the order so he can see how it is going and decide what to do next.

Section 4 provides exclusions for the military and allows for other specific exemptions to ensure we keep our country safe. It also allows for common sense exemptions from the OPM. This section both protects our nation and injects common sense humanity into the order to ensure it is successful.

The last part of the order is legal boilerplate. By defining DOGE better Trump is providing legal cover for the attorneys that have to defend against the lawfare against DOGE. I think this EO was another brilliant maneuver and will help clarify what DOGE is doing to the public. It should allow attorneys defending the President’s actions to do their jobs and clarifies that DOGE is about producing results.

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