Here’s another court case that Trump will lose. Add it to the list.
Inspectors General Sue Trump Administration
The Wall Street Journal reports Inspectors General Sue Trump Administration After Being Fired by President
Eight inspectors general fired by President Trump in late January filed a lawsuit against the administration Wednesday alleging their termination violated the law, adding to dozens of other legal challenges facing the president at the start of his new term.
About 17 inspectors general were fired last month in a Friday night purge by the White House, which didn’t publicly announce the moves or provide an explanation as to why the officials lost their jobs. The firings led to concerns from both Democrats and some Republicans that the administration might have violated federal rules that require advance notice to Congress before such firings.
The suit cites federal laws that say presidents must give a 30-day notification to Congress and provide specific reasons for terminations of an inspector general. Congress strengthened the IG Act three years ago after Trump’s moves against inspectors general in his first term.
The lawsuit says the IGs who were fired lost access to their email accounts and computer systems and were blocked from entering the buildings where they worked. Such actions “constituted illegal interference with the IGs’ official duties,” the lawsuit states. Because the firings were allegedly illegal, the plaintiffs “remain duly appointed IGs of their respective agencies,” it states.
Democrats widely denounced the firings, and even some Republicans raised concerns. “I’d like further explanation from President Trump. Regardless, the 30-day detailed notice of removal that the law demands wasn’t provided to Congress,” Sen. Chuck Grassley, the Republican chairman of the Senate Judiciary Committee and a longtime champion of independent IGs, said after the firings were made public.
The above paragraph by Sen. Chuck Grassley, the Republican chairman of the Senate Judiciary Committee, is all you need to know.
Trump did not give notice nor explain the actions.
Rather than go about this legally, Trump went about this illegally. That jeopardizes even a legitimate case for dismissal.
Trump will lose in court, and then perhaps a second time because of the way he went about this.
The Elon Musk Sponsored, Ted Mack Legal Amateur Hour
It’s not the least bit surprising these cases are going against Trump.
On February 9, I commented The Elon Musk Sponsored, Ted Mack Legal Amateur Hour
The problem with the DOGE approach is the mission may backfire spectacularly.
What to Expect from a USAID Shutdown
- My constitutional law expert says “Contractors will sue. There will have been no valid legal basis for stopping contract payments. So, under the contracts, the federal government will pay a bundle in penalties and equitable adjustments.“
- The courts will force a reversal. And no good will come from this approach.
This is the Elon Musk sponsored, Ted Mack Legal Amateur Hour.
I am not against DOGE. I am not against Trump either. In fact, I am openly cheering DOGE.
All I ask, and unfortunately it seems too much to ask, is Presidents uphold the law.
February 11, 2025: Two Key Court Rulings Go Against Trump. Expect More of the Same
A judge accuses Trump of defying a court order. Surprise Not.
February 12, 2025: Contrary to Viral Nonsense, the Court Did Not Threaten Trump with Arrest
Let’s investigate viral nonsense that got tens of millions of views.
I fail to see the merit in preceding down paths the courts are guaranteed to overturn, and rightfully so.
Your effective argument is: it is clear that the law as-written regarding IGs is a constitutionally valid law which binds the President, therefore, Trump is “violating the law”.
However, it is not clear. Congress cannot bind the President in his constitutional duties. The question is whether Article 2 section 2 of the Constitution holds for IGs. The Constitution prescribes no “30 day review period” for officials which serve executive functions at the President’s discretion.
Read SCOTUS in Seila Law v. CFPB in 2020: https://www.supremecourt.gov/opinions/19pdf/19-7_new_0pm1.pdf
Just the first 3 pages make it more clear.
We have been in an unconstitutional situation prior and during Biden’s term. We have hundreds of lower courts, many of which are looking to tie the hands of the presidency and remove further impediment to accumulation of power in corrupt, leftist / communist non-democratic institutions.
I think if there is any caution, it is what is being built to replace the “deep state”? A corporatist AI “Larry Ellison” panopticon? — Something no one on the right is talking about.
Good Lord What TDS II
The response is off point. The rule would apply to any president. The logic is sound and referenced. There are many unbiased legal minds that the judiciary has overstepped, including honest “leftist” analysts like Dershowitz.
I am not a general Trump supporter. I am suspicious of what is being implemented and I am in opposition to tech fantasies of AI / surveillance supremacy of those surrounding Trump.
Since judges are not elected by the people, the framers did not make the courts have final say. Courts abrogated to themselves this power in Marbury v Madison.
But Marbury did not “amend the Constitution”, it established a precedent. Court decisions were famously ignored by Andy Jackson, and likely partly ignored by Biden (student loan forgiveness, Ukraine funding).
It is the *electoral* process that is the check-and-balance (Congress v President). Not courts. Courts have no enforcement power against the President, and that is by design.
The President (any President) is within his constitutional authority to ignore the courts with the remedy (if deemed problematic) of counteracting legislation by Congress or impeachment by Congress.
Most Presidents don’t want to take that risk. But bad-actor judgeships can force this issue and there are a host of bad-actor judges in the country (crazy j6 prosecutions using 1512c2 which SCOTUS overturned, The nonsense that Trump owes 1/2 billion for “faking a loan application” (judge Engoron), The fake misdemeanor elevated to 32 felonies in NY (judge Merchan), unauthorized special counsel Jack Smith (judge Chutkan), i.e. dozens of high profile cases)
Trump is wisely avoiding the controversy by complying with the unconstitutional binding of his powers via Temporary Restraining Orders. But any President would be within their constitutional authority to ignore the orders, and in this case, continue to remove and appoint executive positions.
Some of this has been handled via Supreme Court ruling, check out: https://www.americanthinker.com/blog/2025/02/regarding_the_president_s_power_to_manage_the_government_the_supreme_court_has_spoken.html
Great site Mish!
Glen
Thanks
We all recall how the political Activists,posing as “IG’s” set about pulling the rug out from under Trump the First time. Neuter them for now. They don’t work on behalf of Justice. They work for the enemies of America. ” Out damned Spot” 🤬 And of course, ” Have a nice day ! 😘
What does “lose” mean? He can just ignore the ruling, and nothing will happen… establish facts on the ground, destroy all of these entities, and then comply with the ruling, they’re just playing games anyway, they deserve maximum contempt.
The utter corruption throughout the DC Swamp manifests the sorry failure of the IGs. The explanation for firings should be self-evident.
Ah, a legal procedural violation against legal violators with a rich history off legal violations while getting rich servicing billionaires. That should get to the supremes quickly without the usual judge shopping.
It’s clear to me he doesn’t care about losing cases. Elon has done much of the same in his career. Trump will lose a lot but he will also win a good chunk. The main thing is to hand the legal system bags of rocks and have them constantly carry them around. These IG cases will also lead to discovery. There is a high probability that lethal dirt on them will be smoked out on some of them making it far worse for them.
How come no repercussion of Biden defying court order for student loan forgiveness?
“How come no repercussion of Biden defying court order for student loan forgiveness?”
I have written about Biden many times.
Biden’s $705 Billion Student-Loan Forgiveness Is Unconstitutional, But Who Can Challenge?
https://mishtalk.com/economics/bidens-705-billion-student-loan-forgiveness-is-unconstitutional-but-who-can-challenge/
King Biden and Queen Harris Overrule Supreme Court on Student Debt Forgiveness
https://mishtalk.com/economics/king-biden-and-queen-harris-overrule-supreme-court-on-student-debt-forgiveness/
Biden on Student Debt Cancellation: “The Supreme Court Didn’t Stop Me”
https://mishtalk.com/economics/biden-on-student-debt-cancellation-the-supreme-court-didnt-stop-me/
Flouting the Supreme Court Ruling, Biden Sets Student Debt Repayment to Zero for Many
https://mishtalk.com/economics/flaunting-the-supreme-court-ruling-biden-sets-student-debt-repayment-to-zero-for-many/
I suspect there are literally dozens of references I made to those
But sometimes, unfortunately the only thing Congress can do is impeach
…and impeachment is always political, making a mockery of any “legal” complaint.
The lawsuit by employee unions, regarding the “buyout” of civil servants, has been dismissed in Trump’s favor. As for the IGs, there’s no doubt the President has the power to fire them – he just has to give 30 days notice and provide an explanation. However, the IGs are not civil servants, not unionized, and are employees of the executive branch. They probably can be successfully fired given recent SCOTUS rulings about employees who work in the executive branch. (By the way, we still haven’t seen the probably shady testimony given during the Ukraine impeachment of the IG of the US intelligence community – Trump has every reason to believe these IG’s are Never Trumpers).
It won’t matter. The treasury will be bankrupted by Elon now that he has the transfer codes. Expect some type of bond crisis by summer when we suddenly find the US treasury has no money. Then inflation will truly begin.
Fun fact, DOGE was created by Obama as the USDS, and Obama made it so that it had maximum tentacles everywhere, to exert maximum control and push the cult ideology… no wonder they were so desperate to stop Trump by trying to shoot him.
Well, let’s look at history. In 1976 Congress created the IG for Pentagon oversight. In 1981, Reagan fired the by now, the entire bloated Office of IG, with the intention of replacing them with people he wished to work for him. Congress objected and he restored 5 of the the 16 he fired. Bush 1 & Obozo also terminated IGs But when congress objected both relented. So, basically, it’s up to Congress not some left wing rent-a-Judge. Who knows, you certainly don’t? Maybe Congress will agree with DJT regardless of what some rent-a-judge has to say. After all, the IGs work for Trump, not the judiciary.
Mish, this may well be one-dimensional Chess: TRUMP MAY ALREADY KNOW that they will defy this orders and that was the point. It then makes EVERYONE OPPOSED TO HIS ADMIN look like the terrible people that they are, and he can claim: “WE TRIED!”
Send them to Alaska with no security clearance
Give them 30 days notice now. And then lock them out of their offices.
Almost everything in their office is government property (including work files, computers etc.) Clear out their offices and reassign them for thirty days of janitorial or other menial duties then see how long they last.
I am not expert here, but I wonder whether this 3-year old Congressional “you can’t mess with them without telling us first” law is constitutionally valid?
federal laws that say presidents must give a 30-day notification to Congress and provide specific reasons for terminations of an inspector general. Congress strengthened the IG Act three years ago
As I read the Constitution, I see language about the Senate “advice and consent” for appointments, but I don’t see any language suggesting that the President is required to notify Congress about firing or re-assigning officials from a given role. And I know there’s a lot of precedent for the President to remove Secretaries of various departments, so I don’t see why the President shouldn’t be allowed to also remove officials of lower rank.
This is not a Senate treaty – This is a bill passed by Congress and signed by the president.
100% valid
You totally missed his point. Since when can congress, whether with the consent of a prior president or not, usurp or limit the powers exclusively granted to the president under the constitution? Further, there is an issue of whether the objection must be made in the courts by congress or whether the fired IGs can sue. What if congress confirms the firing even without the notice? Can the IGs sue? The purpose of the notice requirement was to preserve continuity of ongoing investigations not to provide contractual employment of IGs
Challenge the constitutionality of the law and take it all the way to SCOTUS.
Tomorrows presser subject was announced during swearing in of Gabard.
Guess what it is.
Trump will be putting out some evidence.
Adams got his charges dropped. hm anyone want to guess how that happened?
There was a post that said Trump administration reclaimed 90 million from City of NY bank account. Money origiated from FEMA, yeh that FEMA that had no funds for Hurricane victims. Cause the FEMA funds were destined for illegals support.
gee how did Trump administration happen to know where FEMA money went
Pam Bondi was sort of strong regarding Political leadership of NY.
Wonder Schumer needs a barf bag.
Federal judge allows the EO on the buyout offer to go forward this evening.
This is the first of many reversals. Many more to come ultimately. Even the most left wing judges, like those whose daughters work for the govt, or run an NGO, will realize that the law is not on their side.
IGs are a joke, show me one thing they have ever uncovered or made puplic The IGs cover up the corruption of the Government by saying there is a on going investigation and nothing can be released then 4 years later say it was a mirage . The IG over fema did a hell of a job over seeing them as they sent 59 million to NY for illegals to stay in a motel . They are pissed that they didn’t get to cover it up before it got out The IGs are a tool for the Administrative state to stall and do any other thing they can do to stop transparency of the corruption. If any of them do attempt to do their job they won’t be there long .
Going to be an interesting day tomorrow if Trump puts out a small part of what they must have.
IG’s have not been inspecting.
I can hardly wait to see reaction once Taxpayers learn where their Tax money has been spent.
So what?
What does that have to do with the ruling?
We need to distinguish between decisions that are been made by lower court Leftist judges as part of a Lawfare campaign against Trump, and those that are made by SCOTUS. I suggest Trump ignore the former and get accelerated decisions from the latter to settle these issues once and for all.
Trump is clearly unable to distinguish.
Regardless, it is very bad practice to ignore a judicial order.
In this case nothing would happen to Trump, but Musk easily could be arrested for contempt of court.
Weren’t you the guy who said RFK and Tulsi and Hegseth wouldn’t get confirmed?
It is not that difficult to run circles around Trump How to Win Friends and Influence TrumpWorld leaders approach the new president with an old playbook.https://www.wakeuptopolitics.com/p/how-to-win-friends-and-influence
Then it must be extra embarrassing that he defeated Harris
We’ll have peace in Ukraine soon, but I’ sure that Trump couldn’t get that done without advice from Biden’s lightweight State Dept. hacks (too nice a word) like Blinken, Nuland, etc. Right?
Trump should proceed aggressively. We are at war. Everything that the previous administrations did, he should do, and then some. When they go low, kick them (Eric Holder). If they bring a knife to the fight, we bring a gun (Barack Obama).
What would prevent Trump from simply following the process to legally fire them if they get their jobs back? Seems like their victory would be short-lived.
You keep on cheering the other side, Mish, and talk about other people’s hypocrisy. Bringing the government to heel can’t be done via Congressional committees. Either it gets done this way, or it doesn’t get done. Those are the choices. You can face up to it, or you can prattle about “rule of law,” which got us here, statute by statute, regulation by regulation.
I wonder if this is the justification that Obama and Biden used to spy on reporters, push social media companies to demand fealty/censorship, blame whistleblowers, lie about Covid and to lie about ACA. “We know what’s best, so don’t talk to us about statutes and rules”. This is a dangerous place to go, and it’s no less risky when Republicans do it.
It is indeed dangerous. So is everything that would maintain the status quo. Choose your poison. Personally, I wouldn’t mind running the guillotine for a few weeks, if I could have coffee breaks.
For that, you need a dictator, and you have one in me. Just lie back and enjoy it.
No problemo, for this week and next.
Why bother with you, when they can have me. Bend over and enjoy it.
Mish is getting really bad counsel from an alleged legal expert. He’s going to have to walk most of it back. In fact, already tonight one judge just lifted the TRO on the govt buyout offers, basically saying hmm don’t see any problem. So Mish got this wrong. More to come.
What I just read is that the judge gave in as he doesn’t have jurisdiction. The case is supposed to go before MSPB prior to the courts. However, Trump fired the people that would have been hearing this prior to courts. So, it currently sounds like smooth sailing for buyouts.
I am on the buyout list and my union worked in my disinterest to stop me from taking this voluntary offer.
I remember telling my liberal nephew that Obama’s GM bond holder deal was illegal. He said he didn’t care. I told him that that was just because he liked that dictator, there will come a day that there will be a dictator that you don’t like! Well, that day is now.
I now say that Trump is my favorite US dictator. I still think the whole dictatorship concept is dangerous for the country though!
I think the dictator shtick is mistaken. Fellow who bulldozes the status quo should be seen as an efficient reformer. Unless he’s way outside the limits–which I don’t think Trump is, so far– case and statute law will come along. On this score, Mish is embarrassingly silly (at best); he could also be seen as rooting for the success of the other side.
It’s hard to approve of DOGE. It’s functionally an off-the-books agency on its own that has no legislated authority, no approved funding, and operates outside of the senate confirmation process despite the fact that it’s pursuing broad and substantial changes to lots of agencies.
It’s drawing outside the constitutional lines.
Go through the process. Get confirmation. Get congressionally approved funding. Then we can talk about whether or not it’s good thing. Frankly, I wouldn’t run a hot dog stand with this much chaos, but this is also a guy that took a $44 billion company and made it an efficient $8B company using this approach. It’s not consistent with how he built Tesla. If you want to build something, you’ve got the do the hard work of building. Breaking stuff is easy.
Worked for a guy once that managed that way. He took a $10B business and halved it. Got paid $3M to go away. Wish I had the guts to screw up that big.
Sounds like somebody wants an all expenses paid vacation at Gitmo.
Thank my puppet, Obama for that – he created DOGE as the USDS.
“Go through the process. Get confirmation. Get congressionally approved funding. Then we can talk about whether or not it’s good thing.”
That hilarious! That sort of approach over the last 60 years is exactly what has gotten us into this mess.
Nice try, but NO THANKS!
Clarence Thomas, Alone, Asserts National Injunctions Are ‘Historically Dubious’
“These injunctions did not emerge until a century and a half after the founding,” Justice Clarence Thomas wrote in a concurring opinion in the travel ban case Trump v. Hawaii. “And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this court must address their legality.”
June 26, 2018 at 03:07 PM
Nice discussion:
https://lawblog.legalmatch.com/2018/07/09/justice-thomas-questions-why-federal-district-courts-can-halt-executive-order/
Justice Thomas Questions Why Federal District Courts Can Halt an Executive Order
I like Clarence… maybe I’ll get him another motorhome.
Please do.
I will never allow it.
Is he forcing lawfair on all these people like many did to him for 8 years?
“Go defend yourself against the Federal Government like you did to me” Understandable, but maybe not wise.
They may get their jobs back briefly but the information DOGE is uncovering shows they were not performing their JOBS at uncovering waste, corruption in their agencies
So far, the evidence they’ve saved anything is missing. There’s a lot of bluster, but no smoking gun and quite a few outright lies.
Morons love lies… we’re just playing to the base.
I’m sure you loved Biden’s lies, then
That’s why they do what I and all my leftist wokefascist minions tell them to.
https://www.washingtonexaminer.com/news/justice/3318269/judge-affirms-trump-some-authority-pause-spending/
So they will change the date of dismissal and tell them not to come into the office. Lots of jobs have a two week notice but once you put in your resignation you are immediately escorted out. You get a vacation. They will do the same for them.
After you fire someone without cause, illegally, are you sure it’s that easy?
I’m not.
They were not fired without cause. They were fired without the Administration having given the 30 day notice to Congress as the law says. Is that major enough to stop everything? I doubt it. It is a procedural error and that can be rectified although the Democrats will try to make it into something resembling armed rebellion.
One or two, but eight? Looks like house cleaning to me.
The government giveth and the new government taketh away.
No mention that a Federal Judge ruled that the President has the authority to do what he is doing.
Are you really as stupid as you sound?
The court ruled, and an Appeals Court confirmed, Trump does not have the authority to do what he is doing.
What the hell about that is so hard to figure out?
Mish, you dont have to be nasty. Have some compassion
Yeah, but I get his frustration. On the opposite side of most issues vs him, but sometimes mine leaks out onto a keyboard as well.
Yeah, a bit like you with your pronouncements on who would get confirmed.
Why have 8 when you can have 1 that works for free! I totally have your interests at heart!
They will get what I give them, and be grateful.