The Terrible Two’s of T

(EO’s and PM’s)

 

In this time of Winter, the administration has issued a blizzard of Executive Orders (EO) and Presidential Memoranda (PM) on a broad list of issues and policies. For those who care about politics, and for those who should care, I have sorted through the blizzard. Remember, watch what they do, not what they say.

 

Here I attempt to tally the key points and the key problems with these actions.

 

The Good

 

Immigration Proclamation:

 

The situation on the Southern border is declared to be an invasion.

 

Alien entry across the Southern border is suspended.

 

The issue of illegal border crossings has been a major issue for several years. Our current system of rules and procedures is complicated.

 

I have no problem with suspending illegal border crossings, as this action might promote the broader discussion of revisions to our immigration policies which we need.

 

At the least, this administration now “owns” the border issue, and cannot continue to blame others for the problem.

 

EO directing construction of the wall along the Mexican border, and potentially deploying the military to keep illegal aliens out.

 

I consider the wall to be a waste of resources, but not horrible per se.

 

On the other hand, deploying the military for law enforcement sets a terrible precedent (reinforced in another EO directing the military to seal the borders). This threatens the use of the military in domestic affairs. A very bad idea.

 

The Empty

 

EO renaming Denali as Mount McKinley, and the Gulf of Mexico as the Gulf of America.

 

The first insults Alaska’s First Nations, and the second insults both Mexico and the institutions which use consistent geographic names.

 

These are empty actions, consistent with “America First”. Note that the term, “America” refers to the entire continent, not the U.S., so not much is gained by the renaming.

 

EO declaring that the government will recognize only two sexes, male and female.

 

LGBT and others not recognized will continue to work for the government. Their identities once more will go underground.

 

This confirms governmental distaste for the “others” among us. Absurd and abhorrent.

 

PM promoting beautiful Federal civic architecture.

 

Beauty is in the eye of the beholder, right? Will we have more Greek, Roman, Gothic, Romanesque… or Fascist architecture?

 

PM promoting an “America First” trade policy.

 

The administration assumes that it can act unilaterally to redirect world trade. However, it is quite likely that our trading partners will take their own measures to protect their trade with the U.S. I do not expect this to end well.

 

EO ordering the removal of security clearances of 50 people associated with reports potentially affecting the 2020 Presidential election.

 

This EO continues the administration’s obsession with the story of the 2020 election. It is a symbolic move.

 

EO suspending the TikTok ban for 75 days.

 

Another symbolic move, as the ban was passed by Congress. Preserving TikTok in the US. would ignore the security concerns which led to the ban. Does this administration support the Chinese government control of TicTok?

 

EO providing emergency price relief by directing agencies to: lower the cost of housing and expand housing supply; reduce healthcare costs; reduce the costs of home appliances; create employment opportunities for American workers; and eliminate“climate” policies that increase the costs of food and fuel.

 

This EO is not likely to be effective, since many factors in pricing are external and not easily influenced by agency actions. Sounds good, but will deliver little price relief.

 

EO temporarily freezing all new federal regulations.

 

This also sounds good, but regulations are needed to implement the laws. At some point the regulations will flow again.

 

EO requiring all federal departments and agencies to investigate and report on instances of the political weaponization of their activities.

 

The administration has been alleging such weaponization of the government for some years. Unfortunately for the administration, if the reports are honest, little or no evidence will be found.

 

An empty witch hunt.

 

EO prohibiting the unconstitutional abridgement of free speech.

 

Another empty witch hunt, unless some of the free speech referred to is prejudicial or hate speech, in which case we will see substantial increases of such speech in the public sector.

 

The Bad

 

EO banning diversity, equity and inclusion (DEI) hiring, and requiring merit hiring at the Federal Aviation Administration.

 

This order assumes that DEI hires are not as skilled or as competent as merit hires. False.

 

This order also promotes the subtle discrimination that resulted in a disproportionally white and male work force years ago.

 

EO directing the development of a Federal Hiring Plan which will ban DEI hiring across the Federal Government.

 

See above comment. In addition, the EO contains a clause preventing the hiring of anyone not committed to faithfully serving the Executive Branch.

 

This opens the door for loyalty oaths as a condition of Federal employment, beyond the current requirement of swearing to uphold the Constitution.

 

EO terminating all Federal DEI programs, including accessibility programs and environmental justice programs.

 

Accessibility includes building ramps for those in wheel chairs, and similar modifications of bathrooms and office spaces. Qualified people who might need special access will not be able to work in Federal offices, under this EO.

 

And, eliminating Environmental Justice programs will once again permit hazardous waste sites to encroach upon minority communities.

 

EO establishing the Department of Government Efficiency.

 

This EO mentions only improving government information systems, but public statements make it clear that DOGE will be looking for Federal programs to eliminate or sharply reduce. Time will tell just how damaging DOGE will be.

 

EO tightening entry requirements to keep out terrorists, including country-wide bans to ensure suspect individuals do not enter the U.S.

 

It is not clear what due process rights and procedures will be set up to implement these requirements. It is likely that people will be excluded based upon flimsy evidence.

 

EO promoting Federal capital punishment.

 

This EO directs the Attorney General to seek the death penalty for certain crimes, independent of the results of Federal trials.

 

The EO would override due process for defendants, and might constitute double jeopardy, in violation of current law.

 

PM directing the Secretaries of Commerce and Interior to route more water from Northern California to Southern California.

 

This memorandum would override the state’s right to determine its own water use, and could harm the Sacramento-San Joaquin Delta, and the endangered species located there.

 

EO denying birthright citizenship to those born in the U.S., in case the mother was an illegal alien and the father not a U.S. citizen or lawful permanent resident; or if the mother was a lawful but temporary resident and the father not a U.S. citizen or lawful permanent resident.

 

I believe that this EO violates the plain language of the Constitution, and therefore is unconstitutional. The courts will weigh in on this.

 

EO temporarily suspending the entry of refugees under the Refugee Admissions Program.

 

Qualified refugees often are under threat in their home countries. Suspending this program may lead to harm or death for many. Cruel and unnecessary.

 

EO encouraging energy exploration and production on Federal lands and waters, including the Outer Continental Shelf; and eliminating the “Electric Vehicle Mandate.”

 

This EO promotes continued dependence upon fossil fuels, and guarantees that China will be the world leader in electric vehicles. This will add to global warming and cost U.S. jobs.

 

EO withdrawing the U.S. from the World Health Organization (WHO).

 

This is another isolationist move. It would hinder effective communication and response to global epidemics and pandemics, and undermine the health and safety of people in the U.S.

 

EO withdrawing the U.S. from the Paris Agreement on Climate Change and the U.N Convention on Climate Change, putting America First in any international environmental agreements.

 

Again, isolationism and climate change denial. Both of which will harm U.S. residents, long after this administration is gone.

 

EO imposing a hiring freeze on Federal civilian employees.

 

The longer this freeze lasts, the greater the harm, as essential positions become vacant and remain vacant.

 

PM requiring all federal civilian employees to work at their official offices, ending remote work as an option.

 

This memorandum will disproportionally harm women, who will have to find private child care services, without increasing productivity. Heartless and baseless.

 

The Ugly

 

EO designating Mexican cartels and gangs as terrorist organizations, and setting a goal of eliminating them from the U.S.

 

This EO creates the prospect of a U.S. invasion of Mexico, in the name of national security. Not a good idea.

 

EO declaring that the purpose of American foreign policy is “America First.”

 

International memberships and cooperation no longer will be an integral part of our foreign policy.

 

Withdrawal from the World Health Organization is just the first step toward isolationism. Europe and other allies need to strengthen themselves and be prepared to go it alone. The near term might be rocky for them.

 

PM temporarily suspending wind project leasing on the Outer Continental Shelf.

 

Renewable wind energy is an important component of our energy future. This memorandum reflects a firm commitment to continued dependence upon fossil fuels, and continued denial of the impacts of climate change.

 

EO declaring a national energy emergency.

 

This EO directs the promotion and speedup of domestic energy production by every Federal agency. It is a key piece of “drill, baby drill” without due consideration of the environmental impacts.

 

EO on the Senior Executive Service (SES).

 

This EO asserts that the President has the right to fire SES officials. False.

 

It is not consistent with current law. It represents an effort to politicize the SES, so that only those loyal to the President will be in the SES.

 

If successful, we will see a return to the Spoils System, under which every change in administration saw wholesale firings and replacements of the government’s senior civil servants. Nothing could be more destabilizing of governmental services. Perhaps that is the point.

 

EO recreating Schedule F for policy-influencing officials.

 

Reclassifying policy-influencing positions, including SES positions, is another way to assert the right to fire civil servants. As noted above, it is not consistent with current law, including due process protections for civil servants.

 

Presidential Proclamation of pardons and commutations for those guilty of the January 6 attack on the Congress

 

The Proclamation affected up to 1500 of those who attempted to stop the certification of the 2020 election results. About 1100 had been convicted, including of assault on police officers.

 

The message sent by this Proclamation is that those who commit crimes and violence on behalf of the President will not be punished. And those who assaulted police officers have been excused.

 

The best that can be said about this action is that the country is just one step away from Brown Shirts terrorizing the opposition. Shameful and horrible.

 

Friday, 24 Jan 25