[U: TRO Hearing on Thursday.] As We Said -- Musk/Tangerine 2.0 Failed -- Utterly Failed! -- To Comply With The Admin. Proc. Act (5 USC § 553, et seq.) By Trying The "Dot Points" Report Gambit.

It is simply amazing -- how inept this band of hangers-on is. It is a great benefit, to those lawyers among us who understand how "out of their depth" both Musk and Trump now are. Here is that amended federal suit, in the Northern District of California, filed overnight -- which is in front of the able USDC Senior Judge William H. Alsup, in San Francisco (he's a preeminently qualified jurist -- nominated to the Northern District of California by Bill Clinton in 1999 -- and was a law clerck to Justice William O. Douglas, Supreme Court of the United States, 1971-1972). [Read: he's just gonna' apply the black letter law.]

See particularly, pages 22 and onward of this filing. These guys are. . . just stupidly. . . toast. Just as we said:

. . .On February 22, 2025, OPM began to implement a new mandatory reporting program for all federal employees throughout the federal government. OPM has ordered all federal employees to submit e-mail reports justifying their work.

Prior to February 22, 2025, federal employees were not required to submit any reports regarding their work to OPM. On information and belief, no OPM rule, regulation, policy, or program has ever, in United States history, purported to require all federal workers to submit reports to OPM.

On February 22, 2025, employees throughout the federal government, employed at many different agencies, received the same email, from the address: hr@opm.gov. Prior to January 20, 2025, no such email address existed for use by OPM or within the federal government. On information and belief, this e-mail is being sent under the purported authority of OPM.

On information and belief, this e-mail was sent to over 2 million federal employees. The message was sent with “High Importance.” The message was not signed by any government official. . . .

The title of the email was: “What did you do last week?” The body of the email stated: Please reply to this email with approx. 5 bullets of what you accomplished last week and cc your manager. Please do not send any classified information, links, or attachments. Deadline is this Monday at 11:59 EST. . . .

Notwithstanding the OPM Director’s express obligations pursuant to 5 U.S.C. §§ 1103 and 1105 to comply with notice and comment rule-making pursuant to the APA, neither OPM nor its Acting Director complied with the rule-making provisions set forth in 5 U.S.C. § 553 before issuing the OPM order. . . .

Under the APA, a court shall “hold unlawful and set aside agency action. . . found to be. . . without observance of procedure required by law.” 5 U.S.C. § 706(2)(D). The OPM’s new program for federal employee reporting is a “rule” for purposes of the APA. 5 U.S.C. § 551(4). Notwithstanding the OPM Director’s express obligations pursuant to 5 U.S.C. §§ 1103 and 1105 to comply with notice and comment rule-making pursuant to the APA, neither OPM nor its Acting Director complied with the rule-making provisions set forth in 5 U.S.C. § 553 before commencing OPM’s new program for federal employee reporting government-wide. OPM’s new program for federal employee reporting therefore violates 5 U.S.C. § 706(2)(D) by failing to observe procedures required by law. . . .

Given that several pro-Trump political appointees at FBI and DoD and HHS are telling people not to comply, it strikes me that the honeymoon with one Elon Musk. . . is now in its death throes -- just as we predicted in November. Musk is too naive in thinking he can run ram-rod through "for cause only" federal employees. These are not his abused, put-upon, low education factory workers. And tons of the nearly two million are union members, here -- unlike at Musk's old California Tesla plants. So. . . Kash Patel will grind him to dust for it, in front of Tangerine 2.0's high court of hangers-on.

So, overall -- things are starting to look up! Smile.

Out.

नमस्ते