Tag Archives: government

An Activist Judge’s Pseudo-Concurrence

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The 4th Circuit overruled a District Court judge’s injunction barring the Trump administration from shutting down USAID and allowed the closure to go forward (and the SecState Marco Rubio promptly announced the closure and elimination of USAID effective 1 July).

What interests me, though, is what Circuit Judge Roger Gregory wrote in his “concurrence.” He opened insisting that President Donald Trump (R) had

We may never know how many lives will be lost or cut short by the Defendants’ decision to abruptly cancel billions of dollars in congressionally appropriated foreign aid. We may never know the lasting effect of Defendants’ actions on our national aspirations and goals.
But those are not the questions before the Court today. The question before us is whether Defendants have satisfied their burden for a stay of the district courts injunction pending their appeal to this Court[.]
…
I do, therefore, think that the Executive branch has unconstitutionally invaded the role of the Legislature, upsetting the separation of powers.

Those aren’t the questions before this court, so we have no business addressing them here. But I’m gonna go ahead and do that, anyway, because I gotta have my hype and manufactured hysteria on the record.

Then he closed with this, to give effect to his hype [citations omitted]:

…the Executive has taken many likely unconstitutional actions that, collectively, dismantled an agency, rather than just a single action, does not mean the court cannot render those actions invalid. The sheer number of illegal actions taken necessitates relief that consists of “vast and detailed actions,” to adequately redress the harms caused by the illegal shutdown of a government agency. Rather than “micromanag[ing]” the Executive, the [District] Court was simply attempting to remedy each of the likely illegal actions.
The judiciary is limited to the cases and controversies before it. These Plaintiffs, suing these Defendants, cannot obtain the relief that they seek.

This is the activist judge instructing the plaintiffs in the course of action through which to pursue their own obstruction. This is an activist judge prejudging a future case, and thereby violating his oath of office. This is a judge who insults our judicial system by his presence in it.

The 4th Circuit’s ruling can be read here.

A Gordian Knot Solution

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I have called, often, for the dissolution of the Department of Veterans Affairs on the basis of that agency’s, and now department’s, poor-to-nonexistent quality-level care for our nation’s veterans.

Now we get this. It’s from the end of the Biden administration, but this sort of thing is not unique to that one.

The inspector general report published Thursday confirms that a $2.9 billion supplemental request went unused because the agency failed to account for “prior-year recoveries” in its budget planning. Had the agency taken into account those recovered funds, the inspector general found, its projections “would have shown a reduced risk of a shortfall by year-end.”

And this, more generally:

The OIG review team found that Veteran’s Benefits Administration wasn’t consistently overspending in FY 2024 for either compensation and pension or readjustment benefits accounts, which were the subject of the budget request. “Realized prior-year recoveries,” which are “unspent deobligated funds,” weren’t included in the agency’s calculations, which contributed to the erroneous predictions.
“Had the realized prior-year recoveries been included in the calculations throughout the year, the monthly funding status reports would have shown a reduced risk of a shortfall by the end of the fiscal year,” the watchdog concluded.

Current VA Secretary Doug Collins has inherited this situation and the permeating VA internal culture; he has this:

It’s just a very, a department that is so bureaucratically bogged down that it has trouble doing its main mission, and that is taking care of veterans, and that’s why we’re actually working very hard to streamline processes, to get better help in place, and to have budgets and numbers that we can be accurate

To an extent, I disagree with Collins. It’s not worth the time, effort, money, or other resources to try to untangle this financial mess. It’s time for the Gordian Knot solution. Just get rid of the VA altogether, and convert the department’s current and putative future budgets to vouchers which our veterans can use to visit the doctors, clinics, and hospitals they choose and from which they’ll be able routinely to get timely care. Transfer the VA’s veteran housing mortgage facilities to HUD for execution.

Veteranos Administratio delende est.

Not an Excuse

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FTC Chairman Andrew Ferguson has his lawyers in court asking the judge to delay an ongoing and longstanding suit against Amazon. The excuse is this:

Our resource constraints are severe[.]

Oh, wah. The convenience of the government is no excuse for this—or any—delay. Our Constitution requires a speedy and public trial, and that extends to civil trials, also, where the value in controversy shall exceed twenty dollars, as this one surely does. There is nothing in either of those two Amendments, or anywhere else in our Constitution, that caveats any of our rights on what any Government personage decides is convenient to himself.

The FTC’s attempt is just another cynical attempt to drag out an intrinsically lousy suit in the hope that Amazon eventually will roll over and “settle.”

No. Amazon should refuse any sort of settlement other than a court declaratory ruling in Amazon’s favor, with legal and reputational damages awarded Amazon. In an ideal world, the judge either would so rule, or he would dismiss the case with prejudice (with costs awarded) and heavily fiscally sanction the FTC’s lawyers for seeking to extend so blatantly obvious a frivolous suit.

Why Would They Want To?

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The lede says it all, even if the article is a bit dated now.

The leader of Senate Democrats moved to take the threat of a government shutdown off the table, following a grueling intraparty fight in which lawmakers struggled with how best to resist President Trump’s fast-paced efforts to slim down federal agencies.

Why would the Progressive-Democratic Party object to slimming Federal agencies and making them more efficient?

Oh, wait—this is the Party that insists Government knows better than us poor, benighted and ignorant average Americans, and that the way to make Government more efficient is to grow it in both financial and physical size and give it more control over our lives.

Who Really Needs Security Clearances?

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The Wall Street Journal‘s editors have got their panties in a twist because President Donald Trump (R) has withdrawn Perkins-Coie’s Federal security clearances among other actions regarding the law firm. The editors claim it’s all about Trumpian retribution:

That’s the only way to read his extraordinary executive orders targeting big Washington law firms for federal punishment and investigation. Mr. Trump’s decision to use government power to punish firms for representing clients breaks a cornerstone principle of American justice going back to John Adams and the Founders.

Perhaps. But that’s the editors’ spin, and they present it, in typical news opinionator fashion, as if it were fact and the only possible fact of the matter.

On the other hand, it’s also true that Perkins-Coie, other big Washington law firms, and the individual lawyers in those organizations have no need whatsoever for blanket, routinely extant, Federal security clearances just because. Those should be granted on a case-by-case basis, centered on the lawyers directly involved needing access to classified material in order to defend a client. Furthermore, as soon as that defense is concluded, or as soon as the lawyers in question are no longer involved, those clearances should be canceled; they’d no longer be needed.

Neither should a law firm itself have any security clearance at all. Only those lawyers directly involved in a case needing classified access should have the associated clearance.

These editors would do well to get their angst back under control.