by Ted Noel MD, America Outloud:
Very little can be more clear than the fact that the Swamp is working overtime to prevent Donald Trump from becoming president again. And so far, it has achieved very little progress. Biden’s attempt to buy college votes by canceling student loan debt with his pen went down in flames at the Supreme Court, and his second attempt appears to be about to suffer the same fate. His multiple attempts to disarm America through draconian rule changes at the Bureau of Alcohol, Tobacco, Firearms and Explosives are also stymied due to the Supreme Court Heller, MacDonald, and Bruen’s decisions. Yet multiple courts continue to ignore the highest law of the land, the Constitution, as defined by the Supreme Court. Now comes a new tack to prevent – heaven forbid – President Trump #47 from firing any bureaucrats. Yup. They did it.
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The Office of Personnel Management is releasing a rule that will make it more difficult for the President to fire “non-partisan civil servants.” This follows Joe Biden’s Day 1 reversal of Trump’s Schedule F rule. The published excuse for this change is to be “a step toward combatting corruption and partisan interference to ensure civil servants are able to focus on the most important task at hand: delivering for the American people.”
Excuse me for a moment while I throw up. Expecting anything Democrats do to be “delivering for the American people” is like asking Al Capone to be Martin Luther King Jr preaching nonviolence. Not happening. The reason is very simple: The Law of the Bureaucrat. Since the bureaucrat is the smartest person in the room, no one can question what he is doing. He is the authority and works for himself, not the American people. We saw this during the hearings over Trump’s phone call to Zelinskyy. Alexander Vindman made it very clear that the president of the United States was pushing a position with which the foreign policy establishment disagreed. Therefore, the president was wrong and should be impeached and convicted.
There is a simple term for this: insubordination. But the bureaucrat doesn’t understand that language as applied to him. Congress created and funded his position, defining him as the authority. Since he is the smartest person in the room, the President was insubordinate and must be called up short. Any attempt to disturb this natural order must be quashed in a manner that will remove any future threat to that order.
To achieve this level of protection for the divinely created imperative, the OPM rule clarifies that no civil service protections can be removed by involuntary means (e.g., Presidential directive). Only the employee can waive them. Procedures for moving an employee from competitive civil service to some other service without civil service protections include an appeal process that can tie things up forever. In other words, they can’t be “stripped” of their protected status. Let’s tease this out.
The Swamp is largely made up of “civil servants” who are neither. It is a cadre that has, with the collusion of Congress during the New Deal, walled off a sinecure from meaningful oversight. The Civil Service Act established the OPM, among other things. And this OPM proposed a rule, got comments, and then declared it good. This rule, if allowed to stand, will make it impossible for the president to drain the Swamp.
Unfortunately for Donald Trump, he failed to realize soon enough that personnel is policy. If he can’t change personnel, he’s hosed, so late in his term, he established Schedule F. Basically, any federal employee who was in a policy-making position would be reclassified as Schedule F and fully removed from any civil service protections. They could be fired at will. This only makes sense. If an employee is in any way obstructing the president’s policies, he should be gone. But when Joe was given a pen, he signed everything that was put in front of him, including rescinding the Schedule F Executive Order. It didn’t matter to him. All those bureaucrats were so smart that they would do whatever he asked. After all, he’s a clone of them, so he wouldn’t ask for anything that might be a problem for them.
But there’s a slight catch. Donald Trump’s Schedule F move was an EO. So when Joe rescinded it, that was also an EO. But the OPM Rule is a bit different. Once issued, it becomes an administrative rule, and as Trump discovered with his attempt to limit the census to citizens, you have to follow certain procedures. First, you propose a rule change. Then, you announce it and allow 60 days for the public to comment. Then, you declare the final rule. Thus, saith the Administrative Procedures Act.
All of this means that on Inauguration Day, he must have the complete new Rule composed and direct the OPM to issue it as a proposed rule. When the 60-day calendar ends, the OPM must be directed to issue the new Rule. If the OPM balks, then it’s time for the nuclear option. Article II, Section 1, Sentence 1 of the Constitution says, “The executive Power shall be vested in a President of the United States of America.” It doesn’t say, “as defined by the Civil Service Act.” It doesn’t even allow for Congress to say anything. Since the OPM and every other Cabinet and sub-cabinet office is part of the Executive Branch, Dve to ask for permission. Certainly, there will be an uproar. But if the House is in Republican hands, there won’t be an impeachment inquiry.
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