🧵I haven't fully worked this through yet though I do think there is something here.
The battle over Federal employees having to return to the office and being asked to provide a brief report on prior week's work is a proxy battle for accountability on the Federal level at all
There has been building for decades an immense frustration by the general public over how those who work for the Feds only ever seem to fail upwards. I look at matters from the perspective of the Right, due to my personal political beliefs. It is not only from the Right.
I'll start with my bête noire: the utter failure to hold those in the DOJ and FBI accountable for point blank lying in court. The FBI labs scandal. The Ted Stevens prosecution. The Bundy ranchers trial where the alphabets lied to the Court's face.
Let's toss out some others: FISA warrant abuse. The IRS targeting of conservative groups. COVID origins. COVID lockdowns. Vaccine mandates. The shifting stories on what the vaccines would do. Russiagate. Gold King mine disaster. Put your own peeve here.
At no time have any of those who worked for the Federal government faced negative consequences for their actions in those events. To the extent that any negative consequences were handed out, those were later rescinded. See re: Ted Stevens prosecutors.
There is absolute, and absolutely justified, rage about how those who work for the Federal government appear to be immune from negative consequences for their actions. People retire with full and generous pensions. Members of the public who speak out end up targeted by the Feds.
Now along comes Trump who is setting out very simple guidelines for Federal employees. You must return to the office to work. You must provide a brief weekly status report. Both of those are matters that employees in the private sector have dealt with for years.
Either you return to work in the office or you find another job is something that a large swathe of people have faced over the last few years. It is irrelevant for this discussion whether that is good or bad policy. What it is, however, is reality for private sector employees.
It is also commonplace to have to provide some variant of a status report. Not only is it commonplace, it is assumed this will happen. If you work stocking the shelves at Walmart, you'll have a task list for your shift as to what must be done and you better finish it.
The howling in rage response by Federal employees (of course I'm painting with a broad brush here), large portions of the press, and various and sundry politicians is viewed by much of the public as proof positive that those who work for the Feds think they are above the public.
You have to go back to the office. You have to say what you did last week. These are the lowest possible bars to cross for any kind of accountability. And yet these are considered too high? If this cannot happen, then there can never be any kind of accountability at all.
The caterwauling about how you are being so mean and have you no empathy and what about the people who will lose their house and they have children and DO YOU WANT THE CHILDREN TO BE STARVING AND HOMELESS is seen for what it is, yet another attempt to avoid accountability at all.
These fights are about the actual actions. These fights are also proxy fights for the larger concept that the Federal government and Federal employees are not beyond accountability. They are not beyond reproach.
What is going on with return to work and provide a status report is the smallest attempt to lance the boil vis a vis rage over accountability. People are running around waving lit flares in rooms full of open containers of kerosene in trying to deny even this low level response.
The Tea Party was the polite request. Trump is the less polite request. It does not get more polite from here. Accountability will come. I rather desperately want it to come not in the traditional manner. Here. Have a red panda. /fin
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The deal for moving from a spoils system to a civil service system for government workers contained exchanges. The government workers were paid less than in the public sector. In exchange, they received job protections and a pension.
The exchange on the workers' side was that they were accepting that they were to be politically neutral in the carrying out their jobs. Since their jobs were no longer dependent on pleasing the politician that got them the job, they were to be neutral.
Federal employees work under the Executive branch and thus those employees were to expect that every four years, the focus and goals of the agency for which they worked would change. Even if the same party continued to hold the Presidency, there would be at least some shift.
🧵I think it's very important for people to comprehend that substantial numbers of Democrats and nearly the entirety of the Left and, sadly, far too many supposedly on the Right, don't consider what we are seeing with, say, USAID as being fraud. They see it as being morally just.
This is not due to getting kickbacks or working for an NGO or getting government grant money to run studies or pick your favorite here. It is because that group believes that what is being done is, in fact, what the US government is supposed to do.
To set out my bias here directly: I grew up in the Evangelical Christian world. Not just in that world, my parents, particularly my father, were involved in the administrative side of it. I know what it takes to keep the doors of those ministries open.
🧵A warning to all my legal peeps, most notably myself, that we are ignoring the Normies' responses to the lawfare at our own peril. The Normies are sick of all of this with reason. So grab your coffee, which we all know has a solid 80% chance of being Irish, and let's get it.
We, the legal peeps, are going on about having to respect the legal process and sure, sure, it may take a bit and that's annoying but the mills of God grind slowly but fine and just you wait, Thomas is going to benchslap the national injunctions, don't you worry about it!
Meanwhile, the Normies have pesky questions such as, alex, nationwide injunctions have been around as long as Thomas has been on the bench, including now that there's the supposedly solid 6-3 majority and yet nothing's been done yet so why should I believe it will happen now?
The wonderful thing about PACER is that anyone can have access to it, it's cheap to pull documents, and, other than matters under seal, it's all public record.
So since, as we all know, I'm a law geek and since I wanted to know just who it was that drafted the language that was just in Judge Engelmayer's TRO on the Treasury access case, I did the obvious thing and looked it up.
Here's the screenshot showing the initial filing of the proposed order to show cause with emergency relief along with the screenshot of the proposed order and, because I love this so much, the screenshot showing this was served at 7:32 p.m. on February 7, 2025. This is also known as 7:32 p.m. on a Friday night.
Here is the actual order issued by the Court on Saturday, February 8, 2025 which includes that it must be served by email by noon on that Saturday.
So what do we see? We see that Judge Engelmayer granted the proposed order with some formatting changes. It is otherwise nearly identical to the order submitted by the plaintiffs.
Now we get to the interesting part. This is absolutely normal. Here's the thing that law geeks know that normies don't. Orders, particularly TROs, are almost never drafted by the issuing judge. What happens is that the judge issues a ruling, either verbally from the bench at a hearing, or by email to the parties that says here's my ruling, winning party, you draft the order.
For ex parte TROs, the party seeking the TRO submits a draft order along with the filing. This is due to the speed at which these are reviewed.
An ex parte TRO request will be heard the same day or the next day. The party seeking it has a pretty high burden of proof to get one. Thus, submitting the order with the filing tells the judge exactly what the plaintiff wants to have happen.
🧵I see, and have seen for years and years and years, all the comments about how employees are entitled and they don't want to work and they expect everything handed to them and no one is entitled to a job. Well. An employer isn't entitled to an employee either.
There is, and has been for as long as I can remember and I'm upper end Gen X, this undercurrent in discussions about employment that employers are entitled to employees, that when a company is hiring, potential employees should be grateful that is even occurring.
No one is entitled to the fruits of another person's labor. If an employer needs an employee, then the employer needs to offer an exchange of compensation that an employee finds acceptable for that employee's labor.
🧵To build on the first principles discussion, let us have a chat about how people refuse (or are unable) to articulate the specifics of their position. I will focus on the Americans must compete globally for jobs discussion (and I am being gracious calling it so). Let's get it.
The purported discussion is that this is a global economy and Americans should be prepared to and expect to compete against those from other countries for jobs. Okay. Fine. Before we have that discussion, let us define what is being discussed.
This is a competition. What is obtained upon winning that competition? Competitions do not exist merely to exist. A competition exists in order for there to be a winner. So. What is it that those competing are attempting to win?