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Dana Milbank: Trump & Musk vs. The U.S. Constitution

By dianeravitch
April 1, 2025 //
2

In this essay in The Washington Post, columnist Dana Milbank offers to give Elon Musk private lessons about the Constitution. At no extra fee, he will let Donald Trump join the class. Both men are woefully ignorant of the foundational principles of American law. Musk was raised in South Africa, when apartheid was in force, so his ignorance is understandable. Trump has no excuse.

Milbank writes:

The man President Donald Trump put in charge of taking a chain saw to federal agencies showed once again this week that he lacks even a rudimentary understanding of the government he is dismembering.

“This is a judicial coup,” Elon Musk proclaimed, reacting to the growing list of federal judges who have moved to halt the Trump administration’s headfirst plunge into lawlessness. “We need 60 senators to impeach the judges and restore rule of the people.”

How did this guy pass his citizenship test?

As the framers wrote in the Constitution, it is the House, not the Senate, that has “the sole power of impeachment.” And the Senate needs “the concurrence of two thirds of the members present” — 67, assuming full attendance, not 60 — to convict.

More important, the framers wrote that judges hold their offices for life “during good behavior” — which has been understood to mean they can only be impeached for corruption. That is how it has been since the 1805 impeachment trial of Supreme Court Justice Samuel Chase, when Chief Justice John Marshall, himself a Founding Father, persuaded the Senate to abandon the idea that “a judge giving a legal opinion contrary to the will of the legislature is liable to impeachment.”

Musk, growing up in apartheid-era South Africa, probably wasn’t taught to revere constitutional democracy. But what’s the excuse of his colleagues in the Trump administration?

They have issued scores of executive orders that flatly contradict the Constitution and the laws of the land. Apparently, they are hoping a submissive Supreme Court will reimagine the Constitution to suit Trump’s whims — and federal judges have reacted as they should, by slapping down these lawless power grabs. As such, the administration is on a prodigious losing streak in court. Judges, in preliminary rulings, have already blocked the administration more than 50 times. Over the past week alone, judges:


• Ended Musk’s access to the private Social Security data of millions of Americans for a “fishing expedition.”
• Halted Musk’s continued destruction of the U.S. Agency for International Development.
• Blocked enforcement of Trump’s executive order banning transgender people from military service.
• Stopped the administration from terminating $20 billion in grants from a congressionally approved climate program.
• Ordered the Education Department to restore $600 million in grants to place teachers in struggling schools.
• And, most visibly, required the administration to halt the deportation flights of Venezuelan migrants to a Salvadoran prison without any judicial review — an order the administration evidently defied.

There’s an obvious reason Trump is getting swatted down so often: He’s breaking the law. Instead of changing course, the administration is now trying to discredit the courts — and the rule of law. White House adviser Stephen Miller denounced “insane edicts of radical rogue judges” and declared that a judge had “no authority” to stop Trump. Border czar Tom Homan went full-on authoritarian on Fox News: “We’re not stopping,” he said of the deportation flights a judge had temporarily halted. “I don’t care what the judges think.”

Trump called the U.S. district judge in the case, James Boasberg (appointed to the bench by George W. Bush and elevated by Barack Obama) a “radical left lunatic” who, “like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!” This drew a quick rebuke from Chief Justice John Roberts (in case Musk doesn’t know this, he’s also a Bush appointee), who reminded Trump: “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision.”

Trump later told Fox News that he “can’t” defy a court order — welcome news, except he apparently had done exactly that in more than one case — while arguing that something had to be done “when you have a rogue judge.”

Someone has gone rogue here, but it isn’t the judge. Boasberg’s actions are squarely within the best tradition of the judiciary, for they are in defense of principle, enshrined in the Bill of Rights, that no person in this country, citizen or alien, may be “deprived of life, liberty, or property, without due process of law.” This is precisely what the Trump administration denied to those it deported and imprisoned.

Violations of due process have been alleged in dozens of the cases against Trump’s executive actions: terminating workers and programs; eliminating grants; violating union contracts; denying care to transgender people; banning the Associated Press from the White House; abolishing civil rights enforcement and everything else the administration calls “DEI”; harassing law firms; and summarily deporting migrants. All of these things were done without notice, without recourse, without adjudication and without clarity about which laws give the president the power to do them.


“Due process” might sound technical, but it was elemental to our founding and remains at the heart of our legal system. Trump’s flagrant denial of due process is so radical that it isn’t only at odds with 200 years of U.S. law — it’s also contrary to another 600 years of English law before that. For the benefit of Musk (who doesn’t seem to know about such things) and his colleagues (who don’t seem to care), perhaps a refresher is in order.

For this, I called Jeffrey Rosen, who runs the nonpartisan National Constitution Center, which finds consensus between conservative and liberal scholars. The concept of due process, he explained, is in the Magna Carta, which in 1215 asserted that “no free man shall be arrested or imprisoned … except by lawful judgment of his peers or by the law of the land.” Britain’s 1628 Petition of Right, written during parliament’s struggle against the dictatorial Charles I, holds that “no man … should be put out of his land or tenement nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of law.” The king, who imposed forced loans on his subjects and imprisoned people without trials, was beheaded during the English civil war.


“That example completely inspired the American Revolution,” Rosen explained. “They compared the tyranny of George III to the arbitrary rule of Charles I, saying George III was violating due process of law by insisting that patriots are tried in England rather than in local courts, that they can be put in jail without trial, and their liberty is at the whim of the king.” During the revolution, due-process provisions appeared in the constitutions of Pennsylvania, Virginia, New York, North Carolina and Vermont. Similar language was included in the Fifth Amendment to the Constitution, then eventually repeated in the 14th Amendment to apply to all states.
“The very foundation of constitutionalism, which means a government according to law rather than autocratic whim, is the due process of law,” Rosen told me. “What distinguishes a constitutional officeholder from an absolute monarch or a tyrant is that he is bound by the Constitution and by laws.” Without due process, there is no free market, because private property can be taken without justification or explanation. Without due process, there are no civil liberties, for a person’s freedom can be taken for any reason, or none at all.


Without due process, you have what we see today: a leader using a wartime statute in peacetime to declare certain people to be dangerous gang members without providing any evidence, then imprisoning them without charges and finally denying the authority of the courts and defying a court order requiring the leader to obey the laws as written. It is no exaggeration to say that this is the road to despotism.

The Trump administration’s attempt to upend 800 years of settled law is staggering, but it is easily lost in all the other chaos the president is spreading. The Federal Reserve this week said that it expects slower growth and higher inflation than it did before Trump took office, in large part because of his tariffs, while falling confidence among consumers and businesses has raised the danger of recession.

In foreign affairs, Israel has restarted the war in Gaza, and Trump has launched a military campaign to see the Iran-backed Houthi militants in Yemen “completely annihilated.”

Trump failed to get Russian dictator Vladimir Putin to agree to a ceasefire in Ukraine, despite Trump’s bullying of Kyiv and his termination of efforts to document Russian war crimes — including the kidnapping of Ukrainian children.

Trump silenced the Voice of America, to the benefit and delight of China, Russia and Iran. Even the annual visit of the Irish prime minister to the White House for St. Patrick’s Day became mired in controversy when MMA fighter Conor McGregor, given the podium in the White House briefing room, proclaimed that “Ireland is at the cusp of potentially losing its Irishness” because illegal migrants are “running ravage on the country.” Responded the prime minister: “Conor McGregor’s remarks are wrong, and do not reflect the spirit of St Patrick’s Day, or the views of the people of Ireland.”

The new administration’s bows to white nationalism continue apace. It removed, at least temporarily, thousands of pages from the Pentagon website and others that celebrated the integration of the armed forces and the contributions of people of color: a Native American who helped hoist the U.S. flag on Iwo Jima, the Navajo code talkers of World War II, the Native American who drafted the Confederacy’s terms of surrender, baseball great Jackie Robinson, and a Black Vietnam veteran, on whose page the URL was changed to “deimedal-of-honor.” Trump, meanwhile, reiterated his offer to give “safe refuge” to White South Africans, while at the same time expelling the South African ambassador. The administration has restored the names of Fort Benning and Fort Bragg, which honored Confederates — getting around a law prohibiting this by technically renaming the bases for other people with the surnames “Benning” and “Bragg.”

The Forward, a Jewish newspaper, reported this week that the head of Trump’s antisemitism task force shared a post on X on March 14 from a white-supremacist leader asserting that “Trump has the ability to revoke someone’s Jew card.” (The aide apparently later unshared the post, whose author led a group that called on Trump supporters to become “racially aware and Jew Wise.”)

The sabotage of the federal government continues, as recklessly as before: dramatically cutting Social Security staff, offices and phone support while simultaneously requiring millions more of the elderly and disabled to apply for benefits in person rather than online; slashing the taxpayer help staff at the IRS and calling off audits; scaling back scientific research at the Environmental Protection Agency and the National Institutes of Health. Paul Dans, the former chief of Project 2025, told Politico that there “is almost no difference between Project 2025 and what Trump was planning all along and is now implementing.”

Trump appointed conspiracy theorist Michael Flynn, Sean Spicer, Steve Bannon’s daughter and the former White House valet to boards overseeing the U.S. military academies. He took time to visit the Kennedy Center, where he has fired the leadership — and used the visit to share “personal stories and anecdotes, including about the first time he saw ‘Cats’ and which members of the cast he found attractive,” as The Post’s Travis Andrews reported. The administration ordered the release of files on the John F. Kennedy assassination before bothering to remove the Social Security numbers of some people who are still alive.

Trump and his cronies continue to use the federal government for personal gain. Following last week’s promotional event for Musk’s Tesla at the White House, the commerce secretary recommended people buy Tesla stock, and the White House has installed Musk’s Starlink service despite security concerns. At the same time, Trump’s crypto project released a second crypto coin, raising $250 million to bring its total to $550 million — and 75 percent of the earnings go into the Trump family’s pockets. All of this is about as on the level as Trump’s golf game. “I just won the Golf Club Championship … at Trump International Golf Club,” he announced on Sunday, as storms and tornadoes ravaged a swath of the country. “Such a great honor!”

The most ominous development, though, is Trump’s expanding abuse of power to silence critics and disable political opponents. He went to the Justice Department last week and delivered a speech attacking lawyers who opposed him, such as Jack Smith, Andrew Weissmann, Norman Eisen and Marc Elias, as “scum” and “bad people” — and the administration has revoked the security clearances of many such lawyers. After issuing executive orders seeking to destroy three law firms because of their ties to Trump’s opponents, the administration has gone after 20 more law firms over their supposed DEI programs.

In the case of the alleged Venezuelan gang members, administration officials and allies are celebrating their defiance of the court. President Nayib Bukele of El Salvador, which the Trump administration is paying to jail deported migrants at its infamous 40,000-inmate prison, responded on X to Judge Boasberg’s order by saying “Oopsie … too late,” with a laugh-cry emoji. Secretary of State Marco Rubio retweeted it, and Musk added his own laughing emoji. And Attorney General Pam Bondi outrageously claimed “a DC trial judge supported Tren de Aragua terrorists over the safety of Americans” — even though the migrants would not have been released under the court order, which only delayed their deportation.

After a reporter asked the president whether he would cut off Secret Service protection for former president Joe Biden’s children, Trump did exactly that. Trump’s acting head of the Social Security Administration admitted that he had canceled contracts with the state of Maine because he was “upset” at Maine Gov. Janet Mills, a Democrat, for not being “respectful” of Trump during a public exchange they had. Congressional Republicans, meanwhile, have asked Trump’s FBI to probe the main Democratic fundraising platform, saying it “has advanced the financial interests of terror.”

Trump cut off $175 million of government funds going to the University of Pennsylvania because of its policy on trans athletes, following the White House’s suspension of $400 million of funds to Columbia University over Gaza protests there and its demand that the school change its discipline and admissions policies. More than 50 other universities are under investigation. Trump’s acting U.S. attorney for D.C., Ed Martin, has threatened to punish Georgetown Law School if it doesn’t change its curriculum, calling it “unacceptable” for the school to “teach DEI.”

Trump, in his appearance at DOJ, said negative coverage of him on CNN and MSNBC “has to be illegal.” He proclaimed that Biden’s use of the pardon, a constitutional power, to preemptively protect members of the House Jan. 6 committee from Trump’s harassment was “null and void.”

He fired the two Democratic commissioners from the Federal Trade Commission, his latest defiance of federal statutes protecting independent commissions. His administration fired the board of the independent U.S. Institute of Peace and seized control of its building, physically removing its president and threatening prosecution.

Then there are the summary deportations of people Trump finds undesirable. The administration has arrested and is seeking to deport a Columbia graduate student who is a green-card holder with no criminal record because of his role in Gaza protests. It deported a Brown University doctor even though a judge had issued an order requiring 48 hours’ notice before her deportation.

In the House, Trump’s allies raced to obey his instructions, filing impeachment articles against Boasberg on Tuesday. Freshman Rep. Brandon Gill (R-Texas) submitted the articles, joined by five others. House Republicans have also moved to impeach four other federal judges over disagreements with their rulings.

Thus are Trump and his allies ignoring 215 years of precedent, going back to Samuel Chase, that objections to courts’ opinions are to be resolved through the appeals process, not impeachment.
Thus are Trump and his allies turning their backs on 810 years of precedent, going back to the Magna Carta, in which we protect ourselves from tyranny through the due process of law.

But this is where we are. White House press secretary Karoline Leavitt, in a delectable Freudian slip, proclaimed in a briefing this week that “we want to restore the Department of Justice to an institution that focuses on fighting law and order.”


If that is the goal, the Trump administration is to be congratulated on a job well done.

Categories Civics, Democracy, Ethics, Extremism, Fascism, Freedom of Speech, Freedom of the Press, Freedom to Learn, Freedom to Read, Funding, History, Ignorance, Justice, Musk, Elon, Trump

Catherine Rampell: DOGE Is Making Government “Comically Inefficient”

By dianeravitch
March 31, 2025 //
11

https://www.washingtonpost.com/opinions/2025/03/21/doge-government-efficiency-federal-workers/

A senior aide to President Donald Trump once said the administration hoped to traumatize civil servants, an objective it has handily accomplished through arbitrary layoffs and other indignities. But government workers are not the only victims.

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Taxpayer dollars are being abused, too, as the “Department of Government Efficiency” makes the federal government almost comically inefficient.

  • At the IRS, employees spend Mondays queued up at shared computers to submit their DOGE-mandated “five things I did last week” emails. Meanwhile, taxpayer customer service calls go unanswered.
  • At the Bureau of Land Management, federal surveyors are no longer permitted to buy replacement equipment. So, when a shovel breaks at a field site, they can’t just drive to the nearest town or hardware store. Instead, work stops as employees track down one of the few managers nationwide authorized to file an official procurement form and order new parts.
  • At the Food and Drug Administration, leadership canceled the agency’s subscription to LexisNexis, an online reference tool that employees need to conduct regulatory research. Some workers might not have noticed this loss yet, however, because the agency’s incompetently planned return-to-office order this week left them too busy hunting for insufficient parking and toilet paper. (Multiple bathrooms have run out of bath tissue, employees report.)

I’ve spent the past few weeks interviewing frustrated civil servants, whose remarks typically rotate through panic, rage and black humor. Almost none are willing to speak on the record because of concerns about purges by the U.S. DOGE Service. But their themes are easy to corroborate: Routine tasks take longer to complete, grinding down worker productivity. DOGE is also bogging down employees with meaningless busywork, which sets them up to be punished for neglecting their actual duties.

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For example, many have been diverted away from their usual responsibilities in order to scrub forbidden words from agency documents, as part of Trump’s crusade against diversity, equity and inclusion initiatives.

“All this talk of warfighter ethos, and our ‘priority’ is making sure there are no three-year-old tweets with the word ‘diversity’ in them,” said a Pentagon employee. “Crazy town.”

What counts as DEI wrongthink also changes almost daily, meaning employees must perform the same word-cleansing tasks repeatedly.

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One NASA employee said they were asked multiple times to scour performance plans and contracts for offending terms. The first sanitization came shortly after Trump’s Day 1 executive order regarding DEI, and resulted in deleting references to “diversity” and “equity.” Weeks later, more banned words (“environmental justice,” “socioeconomic”) were identified, and the scrubbing began anew. Mere hours after that, someone in upper management emailed staff again to say those new deletion orders were “not NASA policy and should not be used,” and told workers to simply check the contracts for compliance with the executive order.

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Whatever that means. Meanwhile, NASA’s real work languishes.

Another Kafkaesque executive order requires agency heads to send the White House a list, within 60 days, of their agency’s “unconstitutional regulations” — the ultimate “When did you stop beating your wife?”-style directive.

“Obviously, no agency is going to say, ‘Whoops! You caught me! I wrote that unconstitutional regulation and had it approved through [the Office of Management and Budget] before you asked me. Sorry!’” a Department of Health and Human Services employee told me. Agencies are weighing whether to affirm everything on their books as being constitutional or offer up some token regulations as tribute. Both options could attract further retaliation.

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Meanwhile, some federal payments have stopped. Credit cards used for routine purchases have been canceled or had their limits shrunk to $1. Contracts are being arbitrarily canceled midway through. DOGE officials appear to wrongly believe this saves money.

But there are costs to, say, not feeding the Transportation Security Administration’s bomb-sniffing dogs. And if contracts lapse when they could have been easily extended, projects must restart the time-consuming and expensive bid process. Again, this stops other critical work, costing both the government and the public.

At the National Oceanic and Atmospheric Administration, for example, no contracts may be initiated or extended without sign-off from the commerce secretary, creating a bottleneck. One NOAA contract that expires soon is for maintenance and repair of the all-hazards weather radio network, which broadcasts tornado warnings and watches, among other life-and-death alerts. The contract has been stuck in limbo, just as an already-deadly tornado season is getting underway.

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“They’re like a kid in a nuclear power plant running around hitting buttons,” said Max Stier, president of the Partnership for Public Service(which actually focuses on government efficiency), when asked about DOGE’s measures. “They have no sense of the cascade of consequences they’re causing.”

These new directives are not only wasting government manpower and taxpayer dollars. They’re also resulting in worse services for Americans.

The Social Security Administration announced on Tuesday that it will require millions of people to visit their regional office in person to file claims (or use an online system that retirees might have trouble navigating) rather than by phone, as beneficiaries had been able to do. Meanwhile, the agency is laying off workers and closing those field offices. If you’re one of the unlucky Americans whom the agency has prematurely labeled “dead,” good luck getting your benefits reinstated.

The IRS, meanwhile, is deleting all non-English forms and notices, employees were told this week. This will mean less taxpayer compliance and more work for employees. Lose-lose, if you’re trying to keep the government efficiently run.

These days, that’s a big “if.”

Categories Musk, Elon, Stupid, Trump

Are Trees “WOKE”? Are They Infected with DEI?

By dianeravitch
March 30, 2025 //
8

Doktor Zoom at the Wonkette blog alerts us to the elimination of a federal program to plant trees.

If you have worried that “from little acorns, DEI will grow,” you will be pleased. If you fear that planting trees is the first step towards a “Green New Deal,” you can relax. Words like “justice” and “equity” alerted the AI censor to the risks. The federal government grant to plant trees has been axed. Put in Elon musk’s wood chipper, so to speak.

Doktor Zoom writes:

Rejoice, America! Donald Trump’s war on wokeness has chalked up another victory over the forces of Marxism and divisiveness, so we will never again be torn apart by racial hatred aimed at white people. In the name of combating Diversity, Equity, and Inclusion (this is the new rightwing code for Black people and gay people existing in public) as ordered by the Great Leaderhis first day in office, the US Forest Service in February cancelled all unspent funds in a $75 million grant that had already started planting trees in communities all over America. You probably thought that trees were green, but it turns out that these particular trees were also anti-white, at least according to the Trump administration. 

The program was meant to help grow trees in neighborhoods that lacked them, to provide shade, make the places nicer, reduce the “urban heat island effect” that makes cities more miserable in the summer, and even capture some carbon. The grant, from funds in Joe Biden’s Inflation Reduction Act, was administered by the revolutionary cadres at the National Arbor Day Foundation, which distributed the money to around 100 cities, nonprofits, and tribes. 

As NPR reported Friday, such dangerous slight improvements to the lives of some Americans had to be stamped out, as the Forest Service explained in a form letter advising the affected green freaks that the tree ride was over. The program, the letter said, “no longer aligns with agency priorities regarding diversity, equity and inclusion.” And so the program had to be not just nipped in the bud but destroyed, root and branch. 

Wonkette knows our readers’ fertile imaginations will keep germinating hope, letting a thousand flowers of resistance bloom.

Oh yes, and let’s once more remind you, dear reader, that pulling back the funds doesn’t merely breach a contract between the Forest Service and the Arbor Day Foundation, it’s also blatantly unconstitutional, because Congress appropriated the funding for the IRA, and Trump has no legal authority to stop it from going for its intended purpose. 

Arbor Day Foundation Executive Director Dan Lambe said the sudden termination of the program uprooted some terrific efforts, telling NPR that the project had been an opportunity to join with partners to “plant trees in communities, to create jobs, to create economic benefits, to create conservation benefits, to help create cooler, safer, and healthier communities.” Now, it seems, these communities will have to do without the magic of frondship. 

Among the local tree-planting programs shut down was an effort to 1,600 plant trees in the Lower 9th Ward of New Orleans. The city lost some 200,000 trees in Hurricane Katrina, and replanting was an important part of improving climate resilience, since trees not only cool urban neighborhoods, they also help slow stormwater and improve air quality. 

The project in the majority Black Lower 9th Ward was managed by local nonprofit Sustaining Our Urban Landscape, or SOUL, which had a $1 million Forest Service grant for urban forestry. SOUL Executive Director Susannah Burley suspects that the labeling of the tree planting program as a crime of “equity” may have at least partly been due to the kind of boneheaded CTRL-F search for wokeness that we’ve seen in other parts of the War On DEI: 

“That has nothing to do with this grant funding. The word ‘equity’ is pervasive in the grants that were funded by this, but in a totally different context,” Burley said, adding that in this context, equity meant planting trees in neighborhoods without them.

“Funding would have allowed us to finish planting the Lower 9th Ward, which is a really big deal,” Burley said. “That’ll be the third neighborhood that we’ve planted every street.”

Nobody in the Trump administration ever explains anything, so it’s possible that seeking to have an equal distribution of trees wasn’t at the root of the cancellation. More likely, it was because the urban forestry grant was part of Biden’s Justice40 initiative, which sought to direct 40 percent of the benefits of his administration’s major climate programs to help disadvantaged communities, especially those that bore the brunt of pollution and damage from fossil fuels. While that often meant minority communities, like those in Louisiana’s “Cancer Alley,” it also included places that were in economic peril because they’d depended on fossil fuels for most of their jobs, like majority-white towns where coal mines or coal-fired power plants had closed. 

The NPR story also looks at municipal forestry projects in infamously woke inner-city ghettos like Butte, Montana (90.8 percent white), and the small town of Talent, Oregon (population 6,332, 86.5 percent white). In Talent, a scary DEI grant of about $600,000 was supposed to go to replanting parts of town scorched by the 2020 Almeda Wildfire, including mobile home parks where greenery has been slow to come back, but thank goodness, Donald Trump ensured the place will continue looking like a lifeless post-fire hellscape for the foreseeable future. 

Maybe both communities should simply be thankful Trump hasn’t decided to help them out by flooding them.

Ladd Keith directs the University of Arizona’s Heat Resilience Initiative, and points out that trees in urban areas are a great investment, resulting in far more benefits than they cost, in the form of improved health, lower utility bills, and even higher property values, not that Trump wants anyone but himself seeing those. 

Keith dared to suggest that planting trees in low-income communities wasn’t actually some sort of pinko-greenie plot to harm wealthy white people who don’t also get money for trees in suburbs, seeing as how they have ‘em already. 

“Our governments historically have disinvested in low-income communities, and so it’s our responsibility to make that right now,” Keith said. “These grants allocated to these lower-income communities to plant trees would have done a little bit of justice, in bringing that urban canopy back up to more on par with higher-income neighborhoods.”

God God, man, you’re talking about arboreal reparations!! We were about to make a joke about Trump eliminating funding for the U of Arizona, my graduate alma mater, but then we remembered that’s exactly what the fucker is already doing, so good luck, Dr. Keith. 

Considering that the clawback of funding for this modest program is insanely unconstitutional, we hope there will be lawsuits by states and nonprofits harmed by it. Trees should be an uncontroversial good. But in the larger picture of Trump’s attempts to undo democracy, and to make sure Americans can never have nice things, this one may get lost in the chaos. That would be a damn shame. Maybe some of the donors who have been quietly filling in part of the funding gap for other frozen climate resilience efforts will help out. 

God damn what that man is doing. God damn the people who fell for, or willingly embraced, his lies. We want our trees back, goddamn it. 

But eventually this Trump winter must end, and if the roots are strong, all will be well again in the garden.

Categories Democracy, Environment, Equity, Ethics, Evil, Extremism, Funding, Musk, Elon, Trump

Washington Post: DOGE Cuts Plunge Social Security into Chaos

By dianeravitch
March 27, 2025 //
25

Elon Musk’s team of vandals, known as DOGE, have raided government agencies in search of deep cuts that they can take credit for. Most of their claims of savings turn out to be false or inflated but they persist in canceling contracts and firing government employees. The effects are now being felt at the Social Security Administration.

Lisa Rein and Hannah Natanson of The Washington Post write:

The Social Security Administration website crashed four times in 10 days this month, blocking millions of retirees and disabled Americans from logging in to their online accounts because the servers were overloaded. In the field, office managers have resorted to answering phones at the front desk as receptionists because so many employees have been pushed out. But the agency no longer has a system to monitor customers’ experience with these services, because that office was eliminated as part of the cost-cutting efforts led by Elon Musk.

And the phones keep ringing. And ringing.
The federal agency that delivers $1.5 trillion a year in earned benefits to 73 million retired workers, their survivors and poor and disabled Americans is engulfed in crisis — further undermining its ability to provide reliable and quick service to vulnerable customers, according to internal documents and more than two dozen current and former agency employees and officials, customers and others who interact with Social Security.

Financial services executive Frank Bisignano is scheduled to face lawmakers Tuesday during a Senate confirmation hearing as President Donald Trump’s pick to become the permanent commissioner. For now, the agency is run by a caretaker leader in his sixth week on the job who has raced to push out more than 12 percent of the staff of 57,000. He has conceded that the agency’s phone service “sucks” and acknowledged that Musk’s U.S. DOGE Service is really in charge, pushing a single-minded mission to find benefits fraud despite vast evidence that the problem is overstated.

The turmoil is leaving many retirees, disabled claimants and legal immigrants who need Social Security cards with less access or shut out of the system altogether, according to those familiar with the problems.

“What’s going on is the destruction of the agency from the inside out, and it’s accelerating,” Sen. Angus King (I-Maine) said in an interview. “I have people approaching me all the time in their 70s and 80s, and they’re beside themselves. They don’t know what’s coming.”

King’s home state has the country’s oldest population. “What they’re doing now is unconscionable,” he said.

Leland Dudek — the accidental leader elevated to acting commissioner after he fed data to Musk’s team behind his bosses’ backs — has issued rapid-fire policy changes that have created chaos for front-line staff. Under pressure from the secretive Musk team, Dudek has pushed out dozens of officials with years of expertise in running Social Security’s complex benefit and information technology systems. Others have left in disgust.

The moves have upended an agency that, despite the popularity of its programs, has been underfunded for years, faces potential insolvency in a decade and has been led by four commissioners in five months — just one of them Senate-confirmed. The latest controversy came last week, when Dudek threatened to shut down operations in response to a federal judge’s ruling that Dudek claimed would leave no one with access to beneficiaries’ personal information to serve them.

Alarmed lawmakers are straining to answer questions from angry constituents in their districts. Calls have flooded into congressional offices. The AARP announced on Monday that more than 2,000 retirees per week have called the organization since early February — double the usual number — with concerns about whether benefits they paid for during their working careers will continue. Social Security is the primary source of income for about 40 percent of older Americans…

With aging technology systems and a $15 billion budget that has stayed relatively flat over a decade, Social Security was already struggling to serve the public amid an explosion of retiring baby boomers. The staff that reviews claims for two disability programs was on life support following massive pandemic turnover — and still takes 233 days on average to review an initial claim.

But current and former officials, advocates and others who interact with the agency — many of whom spoke on the condition of anonymity for fear of retribution — said Social Security has been damaged even further by the rapid cuts and chaos of Trump’s first two months in office. Many current and former officials fear it’s part of a long-sought effort by conservatives to privatize all or part of the agency….

Musk’s DOGE team began poring through Social Security’s massive trove of private data on millions of Americans, working in a fourth-floor conference room at the Woodlawn, Maryland, headquarters, with blackout curtains on the windows and an armed security guard posted outside.


Their obsession with false claims that millions of deceased people were fraudulently receiving benefits consumed the DOGE team at first. Then came new mandates designed to address alleged fraud: Direct deposit transactions and identity authentication that affect almost everyone receiving benefits will no longer be able to be done by phone. Customers with computers will be directed to go through the process online — and those without access to one to wait in line at their local field office. A change announced internally last week will require legal immigrants with authorization to work in the United States and newly naturalized citizens to apply for or update their Social Security cards in person, eliminating a long-standing practice that sent the cards automatically through the mail.

The article goes on much longer to describe the confusion and chaos among elderly people seeking information. Wait times for telephone calls, which used to be answered to 10-15 minutes, may take two hours, three hours or longer.

DOGE is making government less efficient.

Categories Accountability, Cruelty, Disruption, Evil, Extremism, Musk, Elon, Trump

Rep. Rosa DeLauro: Trump and Musk Want to Fire Nearly 300,000 Teachers

By dianeravitch
March 26, 2025 //
7

Congresswoman Rosa DeLauro of Connecticut is a stalwart ally of public schools. When Democrats controlled the House of Representatives, she was chair of the powerful House Appropriations Committee and she will be again when Democrats regain control of the House. She knows the federal budget.

Check her attachment to see how many teachers will be laid off in YOUR Congressional district. The deep cuts will affect both Republican and democratic districts.

Rep. DeLauro issued a warning about the deep cuts to education that Trump and Musk are planning:

WASHINGTON — Last week, through his unlawful executive order, President Trump took another step in his plan to eliminate the Department of Education. Next, he plans to eliminate Title I grants that help 26 million students learn. House Appropriations Committee and Labor, Health and Human Services, and Education Subcommittee Ranking Member Rosa DeLauro released a new fact sheet detailing the number of teachers in each district that stand to be kicked out of the classroom, leaving millions of students across the country without a teacher.

 “We are in the middle of a cost-of-living crisis, and Elon Musk and President Trump are making it worse. President Trump promised to fight for the working class, but instead, he put Elon Musk and billionaires in charge of the government. His plan to eliminate Title I grants that help 26 million students in schools across the country would mean that nearly 300,000 teachers across the United States stand to be kicked out of the classroom. This would leave millions of students without a teacher. President Trump and unchecked billionaire Elon Musk do not care about helping hardworking people build a better life or helping our kids learn. They care only about tax breaks for billionaires and the biggest corporations.”

 A fact sheet on the number of teachers in each district that stand to be kicked out of the classroom is here.

 Ranking Member DeLauro’s previous statements on the unlawful elimination of Education employees can be found here and here.

 Her letter to Secretary McMahon demanding answers to mass firings is here. Her February statement on Elon Musk’s and President Trump’s dismantling of the Department of Education is here.

Categories Accountability, Budget Cuts, Disruption, Ethics, Evil, Extremism, Funding, Musk, Elon, Poverty, Stupid, Teachers, Trump

Refugees in Bangladesh Will Die of Starvation Due to U.S. Budget Cuts in Foreign Aid

By dianeravitch
March 25, 2025 //
7

Mujib Mashal wrote in The New York Times about the desperate starvation facing the Rohingya refugees as a result of the shutdown of U.S. foreign aid. They escaped Myanmar’s “ethnic cleansing” and now live in a United Nations camp, where their survival depends on donations of food from benevolent nations. The U.S., thanks to billionaires Trump and Musk. They should take a tour of the camps and see for themselves why foreign aid is impirtant.

Mashal writes:

More than a million people in the world’s largest refugee camp could soon be left with too little food for survival. 

In the camp in Bangladesh, United Nations officials said, food rations are set to fall in April to about 18 pounds of rice, two pounds of lentils, a liter of cooking oil and a fistful of salt, per person — for the entire month.

The Trump administration’s freeze on aid has overwhelmed humanitarian response at a time when multiple conflicts rage, with aid agencies working feverishly to fill the void left by the U.S. government, their most generous and reliable donor. Many European nations are also cutting humanitarian aid, as they focus on increasing military spending in the face of an emboldened Russia.

The world is left teetering on “the verge of a deep humanitarian crisis,” U.N. Secretary General António Guterres warned on a visit to the Rohingya refugee camp in southeastern Bangladesh on Friday.

“With the announced cuts in financial assistance, we are facing the dramatic risk of having only 40 percent in 2025 of the resources available for humanitarian aid in 2024,” he said, addressing a crowd of tens of thousands of Rohingya refugees. “That would be an unmitigated disaster. People will suffer, and people will die.”

At the refugee camp at Cox’s Bazar, overcrowded warrens of bamboo and tarp huts on mounds of dirt house more than a million Rohingya people driven from their homeland, Myanmar, by a campaign of ethnic cleansing that intensified in 2017.

Fenced off from the rest of Bangladesh, and almost entirely cut off from opportunities to find work or integrate into the country, the Rohingya refugees remain entirely at the mercy of humanitarian aid. The United Nations, with the help of the Bangladeshi government and dozens of aid organizations, looks after the needs of the traumatized people — education, water, sanitation, nutrition, medical care and much more.

The sudden drop in humanitarian aid threatens a wide range of programs and communities around the world, but the plight of the Rohingya is unusual in its scale and severity.

“Cox’s Bazar is ground zero for the impact of budget cuts on people in desperate need,” Mr. Guterres said. “Here it is clear budget reductions are not about numbers on a balance sheet. Funding cuts have dramatic human costs.”

Even at the current food allowance of $12.50 per person, per month, more than 15 percent of the children at the camp are acutely malnourished, according to the United Nations — the highest level recorded since 2017, when hundreds of thousands of refugees arrived after a sharp escalation of violence in Myanmar.

When a funding shortfall slashed the monthly food allowance to $8 in 2023, malnutrition and crime soared. People tried to flee the camp by embarking on dangerous and often fatal boat journeys.

During Mr. Guterres’s visit to the camp, U.N. officials had set up on a table sample food baskets showing what refugees currently get at $12.50 per person, and what that will be slashed to next month if, as they now project, the allotment falls to $6, barring a last-minute rescue.

Pointing to the sparse basket marked “$6,” Dom Scallpelli, the Bangladesh country director for the World Food Program, said, “If you give only this, that is not a survival ration.”

Even the $6 diet expected for the month of April would be made possible only because the United States unfroze its in-kind contribution, agreeing to send shipments of rice, beans, and oil, Mr. Scallpelli said. The cash contributions — the United States provided about $300 million to the Rohingya response last year, a little over half the entire response fund — remain halted.

“If we didn’t even have that, it would have been a total nightmare situation,” Mr. Scallpelli said about the in-kind donations. “At least we are thankful to the U.S. for this.”

Abul Osman, a 23-year-old refugee who arrived at Cox’s Bazar in 2017, said the refugees were already struggling with the bare minimum and the slashing of rations would be devastating for a population with no livelihood options. The Rohingya in Bangladesh are only allowed schooling inside the camp, and are not allowed access to higher education or jobs outside.

Pregnant women and children will suffer the most from dire food shortages, but the resulting mental health crisis will affect everyone, he said.

“It’s a threat to our survival,” he said.

People will die. Many thousands will die. Should we care? Our government claims to be Christian. What is the Christian response to a humanitarian catastrophe?

Categories Accountability, Billionaires, Corruption, Cruelty, Disruption, Ethics, Evil, Extremism, Failure, Funding, Health, International, Musk, Elon, Trump

How Many Will Die Because Trump and Musk Ended Foreign Aid?

By dianeravitch
March 25, 2025 //
3

Nicholas Kristoff tried to estimate how many people will die because of Elon Musk’s frivolous cutting of foreign aid to desperate people? Of course, Musk relied on the authority given to his phony DOGE by Trump. So together, they bear responsibility for the deadly consequences. If either has a conscience, which is questionable, they will go to their graves someday knowing that they caused mass murders.

Kristof wrote in The New York Times:

As the world’s richest men slash American aid for the world’s poorest children, they insist that all is well. “No one has died as a result of a brief pause to do a sanity check on foreign aid funding,” Elon Musk said. “No one.”

That is not true. In South Sudan, one of the world’s poorest countries, the efforts by Musk and President Trump are already leading children to die.

Peter Donde was a 10-year-old infected with H.I.V. from his mother during childbirth. But American aid kept Peter strong even as his parents died from AIDS. A program started by President George W. Bush called PEPFAR saved 26 million lives from AIDS, and one was Peter’s.

Under PEPFAR, an outreach health worker ensured that Peter and other AIDS orphans got their medicines. Then in January, Trump and Musk effectively shuttered the U.S. Agency for International Development, perhaps illegally, and that PEPFAR outreach program ended. Orphans were on their own.

Without the help of the community health worker, Peter was unable to get his medicines, so he became sick and died in late February, according to Moses Okeny Labani, a health outreach worker who helped manage care for Peter and 144 other vulnerable children.

The immediate cause of death was an opportunistic pneumonia infection as Peter’s viral load increased and his immunity diminished, said Labani.

“If U.S.A.I.D. would be here, Peter Donde would not have died,” Labani said.

We worked with experts at the Center for Global Development who tried to calculate how many lives are at risk if American humanitarian assistance is frozen or slashed. While these estimates are inexact and depend on how much aid continues, they suggest that a cataclysm may be beginning around the developing world…

An estimated 1,650,000 people could die within a year without American foreign aid for H.I.V. prevention and treatment.

Achol Deng, an 8-year-old girl, was also infected with H.I.V. at birth and likewise remained alive because of American assistance. Then in January, Achol lost her ID card, and there was no longer a case worker to help get her a new card and medicines; she too became sick and died, said Labani.

Yes, this may eventually save money for United States taxpayers. How much? The cost of first-line H.I.V. medications to keep a person alive is less than 12 cents a day.

I asked Labani if he had ever heard of Musk. He had not, so I explained that Musk is the world’s wealthiest man and has said that no one is dying because of U.S.A.I.D. cuts.

“That is wrong,” Labani said, sounding surprised that anyone could be so oblivious. “He should come to grass roots.”

Another household kept alive by American aid was that of Jennifer Inyaa, a 35-year-old single mom, and her 5-year-old son, Evan Anzoo, both of them H.I.V.-positive. Last month, after the aid shutdown, Inyaa became sick and died, and a week later Evan died as well, according to David Iraa Simon, a community health worker who assisted them. Decisions by billionaires in Washington quickly cost the lives of a mother and her son.

“Many more children will die in the coming weeks,” said Margret Amjuma, a health worker who confirmed the deaths of Peter and Achol.

On a nine-day trip through East African villages and slums I heard that refrain repeatedly: While some are already dying because of the decisions in Washington, the toll is likely to soar in the coming months as stockpiles of medicines and food are drawn down and as people become weaker and sicker.

Two women, Martha Juan, 25, and Viola Kiden, 28, a mother of three, have already died because they lived in a remote area of South Sudan and could not get antiretroviral drugs when U.S.A.I.D. shut down supply lines, according to Angelina Doki, a health volunteer who supported them.

Doki told me that her own supply of antiretrovirals is about to run out as well.

“I am going to develop the virus,” Doki said. “My viral load will go high. I will develop TB. I will have pneumonia.” She sighed deeply and added, “We are going to die.”

In South Africa, where more than seven million people are H.I.V.-positive, the Desmond Tutu Health Foundation estimates that ending PEPFAR would lead to more than 600,000 deaths over a decade in that country alone.

Categories Accountability, Billionaires, Budget Cuts, Corruption, Cruelty, Ethics, Evil, Extremism, Failure, Funding, Health, International, Musk, Elon, Shame, Trump

Blame Musk: Why Tesla is in Big Trouble

By dianeravitch
March 23, 2025 //
23

Tesla is in trouble for two reasons: first, Elon Musk entered politics and alienated half the nation’s voters. He didn’t just endorse Trump, he created the slash-and-burn DOGE, which is firing government workers en masse without cause. More people are trading in Teslas than any other brand. Protests are taking place at Tesla showrooms. Teslas are being vandalized by people angry at Musk and his destruction of federal agencies.

Second, a Chinese auto manufacturer recently announced that its electric car can be fully recharged in five minutes, as compared to the hours it takes to recharge a Tesla.

Instead of redesigning our government, Musk should have stuck to building better cars.

Liam Denning wrote about Musk’s woes at Bloomberg News:

Sometimes a chart is just a chart. Sometimes, when you’re looking at Tesla Inc. and BYD Co. Ltd. in early 2025, it’s a striking squiggly metaphor.

Tesla, the biggest US electric-vehicle maker, has shocked the world this year with its overt politicization and slumping sales and stock price. BYD, its great Chinese rival, just shocked the world by announcing its newest model can recharge in five minutes. The symbolism, capturing the lead that China has taken in EVs compared with a US still fighting with itself about the relative wokeness of EVs, could hardly be clearer.

At a Supercharger, you’ll typically be able to add 150 to 200 miles of range to a Tesla in less than 30 minutes—sometimes more, sometimes less. With a typical home EV charger, you can completely recharge a Tesla’s battery overnight, adding roughly 25 to 40 miles of range per hour that it’s plugged in.

Which do you prefer: a battery that recharges in five minutes or one that requires 30 minutes or even hours?

Categories Accountability, Musk, Elon, Politics, Trump

The Trouble with Tesla

By dianeravitch
March 23, 2025 //
5

Two years ago, two friends were driving to their weekend getaway in Orient, Long Island, in New York. Both were doctors. One was a noted pulmonologist who had saved my life in 1998 when I had a dangerous pulmonary embolism. His wife was a surgeon in an emergency room at a public hospital, who saved lives every day. They were driving a Ford Explorer.

It was late, about 11:30 pm on a Friday night. They were close to their home, and the highway was nearly deserted.

For reasons that no one knows, they collided with a new Tesla, driven by a man who was showing it to his friend, a visitor. The Tesla exploded. The local fire department arrived soon after. Their poured water on the two burning cars, but the water could not douse the Tesla’s lithium battery. The fire burned out hours later. The four people in the two cars burned to death.

Since then, I have read about electric bicycles with lithium batteries that exploded spontaneously. They should never be stowed indoors.

Then I googled “Tesla exploding,” and I saw a pattern. Beware. Safety matters most.

Categories Failure, Musk, Elon, Safety

Jay Kuo Explains What Happened When a Federal Judge Slapped Down Musk and DOGE

By dianeravitch
March 23, 2025 //
15

Jay Kuo is a lawyer , blogger, and author who here explains a very important court ruling that finally, at last, challenged the constitutionality of Musk and his DOGE vandals. They have gone through agency after agency, copying personal data, firing employees without any knowledge of their role, and generally wreaking havoc.

Anyone with the barest knowledge of the Constitution knows that the power of the purse belongs to Congress, not the President and certainly not to the President’s biggest campaign donor and his team of young hackers. If they know even more about the Constutution, they know that no one can shut down an agency or Department that was authorized by Congress except Congress itself.

One judge said stop.

Jay Kuo explains the decision and why it is important. The post appeared on Wednesday March 19.

He writes:

There are a lot of lawsuits and a lot of moving parts. But best I can tell, yesterday’s ruling from Judge Theodore Chuang of the federal district of Maryland was the first time any judge has directly addressed the illegality of Musk’s appointment as head of DOGE and then ordered his actions unwound.

Specifically, Judge Chuang, in a 68-page preliminary injunction, blasted the illegal appointment of Musk, ruled the ensuing shutdown of USAID by DOGE illegal, and barred Musk and DOGE from any further work at USAID.

A lot has happened since Musk first took the reins at DOGE, so to understand the impact of this order—specifically what it does and does not do within USAID and how it might have ripple effects in other cases—it’s useful to go back in time to the beginning of February, when Musk and DOGE first started taking a chainsaw to the federal government.

“Fed to the woodchipper”

In early February, DOGE workers arrived at USAID and sought access to the agency’s systems. Because USAID operates in many foreign countries, intelligence reports and assessments are commonly generated around its work. When DOGE members attempted to gain access to classified files, two security officials with the agency attempted to stop them. In response to the officials’ frankly heroic actions, they were placed on leave by the administration.

That was one of the first signs things were going to get very bad, very quickly. Musk even bragged online that over that weekend he and DOGE had “fed USAID into the wood chipper.”

DOGE proceeded to cut off email and computer access to USAID workers. Then, as CBS News summarized, hundreds of USAID officials were placed on administrative leave, the agency’s website went dark, email accounts were deactivated, and USAID’s Washington, D.C., headquarters were occupied by U.S. Customs and Border Protection.

Secretary of State Marco Rubio quickly named himself acting director of USAID and then proceeded to cancel 83 percent of its contracts. This left nonprofits around the world unable to continue their life saving work. The New York Times estimated that USAID’s shutdown would lead to hundreds of thousands, or even millions, of deaths worldwide from disease.

Dozens of USAID staffers sued, arguing that Musk’s and DOGE’s actions were wholly unauthorized because Musk was never appointed and confirmed by the Senate, as required under the Constitution. They further argued that only Congress, not the executive branch, has the authority to shutter an agency established by statute rather than by executive order.

An “end-run around the Appointments Clause”

One of the most important parts of Judge Chuang’s ruling confirms that the administration tried to have it both ways with Musk.

On the one hand, there Musk was, with DOGE members already inside of an agency, bragging about how he had destroyed it in the course of a weekend. Musk made public statements and posts claiming he had firm control over DOGE, and Trump even praised Musk for this in his joint address to Congress.

Per the New York Times,

The judge noted that Mr. Musk, during a cabinet meeting he attended at the White House last month, acknowledged that his team had accidentally slashed funding for Ebola prevention administered [by USAID]. He also cited numerous instances in which Mr. Trump and Mr. Musk have both spoken publicly about their reliance on Mr. Musk’s team to effectuate goals like eliminating billions in federal contracts.

In addition to the “wood chipper” post, Judge Chuang noted that Musk wrote in February that it was time for USAID to “die” and that his team was in the process of shutting the agency down.

On the other hand, the government tried to argue that Musk was only serving in some kind of advisory rather than official role. Government attorneys have argued in many cases that Musk does not have formal authority to make government decisions, and therefore he didn’t need to have been formally appointed by Trump and officially confirmed by the Senate.

When pressed as to who was actually in charge of DOGE then, the White House claimed last month that a woman named Amy Gleason, who worked for DOGE’s predecessor, was its acting administrator.

That’s so very odd, because as Kyle Cheney of Politico noted with a journalistic eagle eye, in a recent court filing in another matter the administration revealed that Gleason was actually hired by Health and Human Services as an “expert/consultant” on March 4. That’s just a few days after the White House insisted she was the acting administrator of DOGE.

The fact is, the government has been DOGE-ing the truth for weeks about who was really in charge. Everyone knew and bragged that it was Elon Musk, but that actually created a legal problem because of the pesky Appointments Clause. So they apparently filed false affidavits with the courts to try and backfill the position with someone who was never in charge of it, and then they got caught.

Judge Chuang wrote this while ruling for the plaintiffs on their Appointments Clause claim:

To deny plaintiffs’ Appointments Clause claim solely on the basis that, on paper, Musk has no formal legal authority relating to the decisions at issue, even if he is actually exercising significant authority on governmental matters, would open the door to an end-run around the Appointments Clause.

If a president could escape Appointments Clause scrutiny by having advisors go beyond the traditional role of White House advisors who communicate the president’s priority to agency heads and instead exercise significant authority throughout the federal government so as to bypass duly appointed officers, the Appointments Clause would be reduced to nothing more than a technical formality.

Judge Chuang further noted that Musk appears to have been involved in the closure of the Consumer Financial Protection Bureau headquarters and that he and DOGE “have taken other unilateral actions without any apparent authorization from agency officials,” including firing staff at the Department of Agriculture and National Nuclear Security Administration.

“Under these circumstances, the evidence presently favors the conclusion that contrary to defendants’ sweeping claim that Musk acted only as an advisor, Musk made the decisions to shutdown USAID’s headquarters and website even though he ‘lacked the authority to make that decision,’” Chuang wrote, throwing arguments made by the Trump administration right back at them.

Musk’s “unilateral, drastic actions”

Plaintiffs also claimed that the executive branch had acted outside of its authority in seeking to shut down an agency established by congressional statute. Judge Chuang agreed.

“There is no statute that authorizes the Executive Branch to shut down USAID,” Judge Chuang wrote, noting that only Congress has the constitutional authority to eliminate agencies it has created.

“Where Congress has prescribed the existence of USAID in statute pursuant to its legislative powers under Article I, the president’s Article II power to take care that the laws are faithfully executed does not provide authority for the unilateral, drastic actions taken to dismantle the agency,” Chuang wrote.

He concluded, “The public interest is specifically harmed by defendants’ actions, which have usurped the authority of the public’s elected representatives in Congress to make decisions on whether, when and how to eliminate a federal government agency, and of officers of the United States duly appointed under the Constitution to exercise the authority entrusted to them.”

But… he can’t truly undo the damage

The judge was stark in his assessment of the fatal injuries Musk and DOGE have inflicted upon USAID. He noted that because of the firings, the freezing of funds, the locking out of staff access to computers and communications, and the shuttering of the building itself, USAID is no longer capable of performing as required by statute.

“Taken together, these facts support the conclusion that USAID has been effectively eliminated,” Chuang wrote.

And while he ordered DOGE to reinstate email access to all employees and to submit a plan to allow them to reoccupy the building, he acknowledged that it wouldn’t be long before someone with actual authority could allow DOGE back in. That’s because even though something may have been illegal and unauthorized at the time it was done, someone with the proper constitutional and legal authority can in theory come back later and ratify those actions.

That effectively means that Secretary of State Marco Rubio, who is Senate-confirmed and now the acting director of USAID, is still free in a couple of weeks to order the permanent closure of the main facility in Washington, as he had planned. And even though another judge has ordered $2 billion in USAID’s frozen foreign aid funds released, and there might even be enough employees now available to make that happen, once that work is done USAID might still functionally cease to exist.

So is this an empty victory?

If USAID employees get to return to the building and access their emails and computer systems, only to be kicked out of it later and likely fired all over again, isn’t this just a hollow win?

The ruling may not save USAID from its fate, especially with an administration so bent on eliminating it entirely and the power to ratify DOGE’s activities after the fact. But thinking ahead a bit, this ruling could still throw significant sand in the gears of DOGE going forward.

If Elon Musk is, as Judge Chuang has ruled, the effective head of DOGE, and his position and consequential actions as an effective agency head requires him to have been formally appointed by Trump and confirmed by the Senate, then this will help other litigants in other cases put an immediate stop to what DOGE is doing currently. That could gum things up for Musk, who would suddenly lack the power to slash and burn the government using just his team of hackers.

Instead, the agencies and departments themselves would have to order all of the cuts, cancellations and terminations. And there may be far more statutory limits and processes governing what they as agencies can do. Further, plaintiffs are likely far more accustomed to challenging a familiar foe like a big government agency than an inter-agency, non-transparent wrecking crew like DOGE.

We will have to wait and see how this plays out. But I imagine Judge Chuang’s decision is going to start showing up as a big red stop sign in every case challenging the authority of DOGE to have done what it did and to keep doing what it’s doing.

Categories Accountability, Disruption, Ethics, Failure, Funding, Justice, Musk, Elon, Trump
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