Saturday, February 22, 2025

As We've Long Said, 95% Of Tangerine 2.0's "Orders" Are Fatally-Flawed. His "No DEI" Effort Is Now... D.O.A. YAWN.


Ruling that a preliminary injunction was warranted here, the able USDC Judge Abelson, sitting in Baltimore, Maryland said at a minimum -- Trump's order attempts to infringe free speech, based on content -- without imminent lawlessness afoot. People are allowed to advocate for, and openly discuss inclusion, without any order restricting it. On that grounds alone. . . the at right is and was a dead letter.

But he went on to hold much more: primarily that Trump's Black Sharpie lacks the authority to do it, without the Congress. As is true of just about every one of them he's signed so far. Here's the full 63 page overnight opinion, and a bit from NPR, this morning:

. . .In addition to the mayor and the Baltimore City Council, the plaintiffs include the National Association of Diversity Officers in Higher Education, the American Association of University Professors and the Restaurant Opportunities Centers United, which represents restaurant workers across the country.

Their attorneys claim the groups are already suffering the effects of the executive orders as Trump encroaches on the powers of Congress and seeks to suppress views he doesn't agree with.

"But the President simply does not wield that power," they wrote in the complaint. "And contrary to his suggestions otherwise, his power is not limitless. . . ."


To be clear, this is a nationwide but temporary order -- but the plaintiffs have made a compelling showing that Trump's "theories" of the law surrounding executive orders (if they may even be called that) are. . . BUNK.

नमस्ते

8 comments:

Anonymous said...

https://www.washingtonpost.com/nation/2025/02/22/musk-email-federal-workers/ I got mine. Must report 5 bullets and cc my boss

condor said...

I am so sorry. And of course, I cannot offer specific legal advice, but Elon Musk has no authority to make such a demand. If your boss sent it -- or even the head of your agency -- there is an argument you must comply.

On the other hand, if you want to keep the paycheck (for the near term), and not just win a lawsuit years from now, probably easier to just scribble down five dots and sent it in.

Even so, and even if you are still working there in a year, you probably have a good suit against Elon for interfering in your contractual employment rights.

And that's before we look at any union contract that might protect you.

This is -- in sum -- insanity.

Again -- my thoughts are with you -- I am so so sorry.

Namaste. . . .

Anonymous said...

Thanks. Truly wasn’t prompting for advice. Was just making aware. Was planning on filing bullets to be safe. It is clear FBI is not complying right now wonder if others at DoJ will do same.

condor said...

Understood, Anon. Thank you for the FBI/DoJ insight.

And yes. . . I think doing it (for now) makes sense. I am pretty sure that at least field investigators and special agents of FBI and DoJ should NOT list the names of targets of open probes -- as we all well-know how Tangerine 2.0/Musk might weaponize that data-stream (or even redirect efforts -- toward perceived enemies).

Again, thanks for your input -- and do all you can to stay safe, and outlast this insanity.

Namaste. . . .

Anonymous said...

Update HHS leadership has told us to hold of on responding. Came in about 6 pm yesterday

condor said...

Thanks -- and since the California suit against Trump and Musk -- and their lawlessness has been amended, over the weekend. . . it now includes a count that Musk/Trump cannot lawfully change your "terms of employment" by immediately installing a "weekly written report" requirement, if you didn't have one already -- and they ABSOLUTELY cannot treat a failure to send in five bullet points as a resignation. . . it all makes sense that your HHS leadership would say sit tight.

Here's the AP story on the amended suit -- I'mm searching for that amended complaint in Cali., now:

https://apnews.com/article/musk-trump-federal-workers-firings-email-9785e7f74eb2a8b8fde5e01ff0c7717f

Namaste. . . .

Anonymous said...

Thanks!!!

condor said...

Do read from page 22, onward (at Sub. IV) -- it sets out how this violated the applicable law. I'll make it a new post in a few minutes:

https://teslareviewed.wordpress.com/wp-content/uploads/2025/02/life-amend-suit-fed-sf-stop-musk-dot-points-2025.pdf

"...OPM [Musk] has not complied with any procedural requirements in the APA, 5 U.S.C. §553, with respect to this new program. Subsequent to the OPM email notification on February 22, 2025, at least some federal agencies, including the Federal Bureau of Investigation, began telling their employees not to respond to this OPM surprise request...."

It would be comical, if it wasn't so... chaotic -- and sad.