This report is only a summary and editorial regarding the executive orders (“EOs”) signed by the Trump Administration during the last week. EOs are not legislation or court opinions. They do not carry the weight of law, and are merely statements of policy within the executive branch. That is not to say they cannot be cited in court or legal pleadings, or aren’t relevant to the application of law, only that they are almost never controlling outside of internal executive branch administration.
EOs are signed and reported on, generally, a week before they are published into the Federal Register. Until such a publication, it can be difficult to know the exact language of the signed EO. For that reason, these reports only include EOs published in the Federal Register. While this can lead to these reports feeling delayed or dated, it is to ensure precision and clarity.
While I am a licensed attorney, this is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this article should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.
Pictures and captions added by u/greatwhiteterr and do not represent the opinion of u/RealKafkaEsquire.
This EO is almost identical to EO 14230. It is an attack on a big law firm in America in hopes of receiving concessions. At this point the Administration has gotten over $600 million in pro bono publico legal services. WilmerHale, like Perkins Coie, is showing that they refuse to participate in this corrupt dance, and have decided to fight. As with the multiple other EOs prior to this, it is shameful and should be condemned by all.
This EO claims to be derived from powers granted under 5 USC 7103(b)(1) and 22 USC 4103(b).
Section 1 states that the agencies listed in this EO have a primary function in intelligence, counterintelligence, investigative, or national security work. It states that 5 USC 71 cannot be applied to these agencies.
Section 2 amends EO 12171 to add a long list of executive departments and agencies.
Section 3 amends EO 12171 to include subdivisions of executive departments and agencies.
Section 4 delegates authority to the Secretaries of Defense and Veterans affairs to bring the departments and agencies listed in EO 12171, as amended, under the coverage of the Federal Service Labor-Management Relations Statute.
Section 5 removes the Department of Transportation’s requirement to negotiate with unions.
Section 6 requires agencies to no longer hire or negotiate unions.
Section 7 requires reporting of compliance to the President by each agency head.
Taken holistically this removes the ability of federal workers in almost, if not, all large agencies to collectively bargain and form unions. 5 USC 71 recognizes the right of public employees to form and participate in unions. The Administration, as it was previously, is very anti union and anti worker. While repealing 5 USC 71 is not within the power of the executive, they will try to limit its reach as much as possible.
Unions of public employees are some of the strongest and oldest in our nation. They often are cited for the reason for government bloat and inefficiency, though this is largely conservative propaganda. Most recently many have led the charge against the Administration’s illegal firings of federal employees. This EO serves as a two for one deal, attacking some of the most active and powerful unions in our nation while also helping facilitate the denuding of our government.
Nathan Posner/Getty Images
With regards to any legal challenge to this EO, there is a question as to whether this EO can retroactively dissolve unions and collective bargaining agreements in place. At worst it can, though it may just prevent new employees from joining and prevent any future negotiations with these unions. Hopefully it will fail under judicial scrutiny, though it is not clear if this EO is outside of the scope of the President’s powers.
Section 1 is a bunch of masturbatory language about how Americans deserve to have a beautiful capital city.
Section 2 states that it is the policy of the US to make DC pretty, fight crime, and have pretty monuments.
Section 3 creates the Safe and Beautiful Task Force to coordinate with various federal law enforcement agencies to enforce federal policies to fight crime in DC.
Section 4 requires the Secretary of the Interior, of Transportation, and the US Attorney of DC to take steps to make DC pretty, and evict all the homeless.
This EO serves two purposes. First to expand the powers and resources of law enforcement in DC. As any resident of DC will tell you, it is one of the most active cities when it comes to protests, especially during Donald Trump’s regimes. By empowering law enforcement, it is likely that the Administration will suppress any anti-MAGA protests in the capitol.
Second, beautification of the capitol. This language is largely cover for the true purpose of evicting homeless people from DC and preparing it for the military parades that are likely to come.
Olivier Douliery/AFP via Getty Images
We should expect far harsher and less constitutional actions by DC police. It will likely result in only pro-MAGA demonstrations in the capitol and touted as evidence of hard on crime policies being superior. DC will likely become a testing ground for future authoritarian actions deployed by the Administration in conjunction with law enforcement.
As far as legality, this EO faces challenges with regards to the evicting of homeless persons in DC. DC has strong laws protecting the homeless and provides many resources for their homeless population. These laws cannot be countermanded by an EO, and while the homeless have far less resources than the federal government, it is likely that actions taken under this EO will violate their rights and could lead into serious costs to the American taxpayer.
Section 1 is upset that people learned that racism existed in the past, and that historical figures and actions taken by America do not hold up to modern standards of morality. It goes on to complain that America is not race realist enough, and should really stop pushing the ideological revisionist history about black people having a less good time than white people in America’s past and present. It goes on for more than a whole page and is really cringe.
Section 2 has a lot of vague language that amounts to making sure black history, trans history, and any historical facts about the immoral actions of american historical figures or America are no longer featured in the Smithsonian or other federally owned or funded museums or places of learning.
Section 3 orders the Secretary of the Interior to fund an improvement of infrastructure for Independence park by July 4th, 2026 the 250th anniversary of the signing of the Declaration of Independence.
Section 4 requires changes to monuments under federal control made during the Biden Administration be restored to their former (read “Confederate”) glory.
This EO is largely in line with the Administration’s policy of attacking any progressive policy or ideologies. It removes both minority and trans visibility in American history. It provides some funding for getting ready for likely an incredibly gaudy celebration of our nation’s 250th anniversary. Finally it returns the names of confederate and other detestable figures in history that had previously been stripped to monuments, buildings, and military bases.
Donald Trump meets DEI recipient back in 2017 (AP Photo/Susan
Walsh)
This from the category of EO that plays to the social/identity politics crowd within the MAGA base. It attacks minorities and trans people while also promoting racist ideas and morally reprehensible figures in American history that are glorified by conservatives and MAGAts. While this EO is itself not as impactful as others, it is maybe one of the best examples of the ideological rot at the center of conservatives. I don’t say MAGA here because these sentiments and historical revisionism have existed within conservative parties since reconstruction. This EO, among an uncountable number of other actions of this crowd, must not be forgotten, so that someday we can forever put them in our own history.
A Good Perspective from a History Teacher
Section 1 complains about scalpers in the live entertainment industry.
Section 2 directs the FTC and AG to go after scalpers.
Section 3 orders the Secretary of the Treasury to provide an implementation report within 180 days.
This largely just directs the government to enforce laws that are already on the books to go after a target that was already in the crosshairs of the government.
This EO is happy to gloss over Trump’s attack on the FTC and its impartiality. It is likely that we will see some kind of press release or talking point about this EO in the future to try and show that the Administration is fighting for the average person. There also likely will be some false claim of victory, and going forward MAGAts will claim that now scalping at these events is no longer an issue.
Section 1 bemoans the burden of regulation on the American economy. It is apparently especially true for the construction industry.
Section 2 states that it is the policy of the US to modernize its processes to attract investment.
Section 3 creates the Office of the United States Investment Accelerator. It orders the Accelerator to facilitate and accelerate investments above $1 billion in the US to navigate the US regulatory processes, reduce regulatory burdens, increase access to and use of national resources, facilitate research collaborations, and work with the state governments.
This EO is incredibly vague in its meaning. While explicitly it creates an office to help parties with large amounts of money to invest in the US, it doesn’t give enough specifics to know how that office will operate.
The creation of the Investment Accelerator should be read with the many statements made by the President and his Administration about the ever growing amount of money to be invested in America. At the time of writing, it is reported as being over $7 trillion. It may be that this position will help these large investments quickly navigate the US regulatory system and result in rapid implementation to the American economy. More likely, this is a position to extract the correct take for the President and any cronies that require compensation for “assisting” with “navigating” the US regulatory system. If a person or entity is investing such vast sums in America they have the funds to navigate the regulatory system. By installing a new gatekeeper for such investments, the Administration can make sure the investment is not “burdened” by investment. Further, the Administration can now control these investments to punish and reward the parts of America that it favors or disfavors. As with almost every EO being signed these days, this one is likely only going to result in more graft and corruption from the executive.
Saul Loeb/Pool via REUTERS
Interestingly, though concerningly may be a better word, the EO places the CHIPS office under the Investment Accelerator. The target of the act was to have over $52 billion in investments in domestic microchip production. Last year the office oversaw over $30 billion alone. Now these funds will be approved, or not approved, by a Trump appointee. This gives Donald Trump direct control over one of the largest symbols of Joe Biden’s legacy.