Democrat Judge **JUST** Shut Down DOGE & Trump Layoffs [Restraining Order!]
FULL TRANSCRIPT
Donald Trump and Doge's massive
government layoffs were just put on a
14-day pause by this following Bill
Clinton appointed judge Susan Ilson who
was appointed by Bill Clinton in 1995
based out of San Francisco, California
who initially had a career focusing on
intellectual property matters and a lot
of commercial litigation has just shut
down Donald Trump suggesting that Donald
Trump, the Office of Personnel
Management, and Doge have all exceeded
their constitutional authority. Now, all
of this has to do with the following
executive order
14210. This is Donald Trump's Department
of Governmental Efficiency Workforce
Optimization Initiative, and it's
basically designed to fire a bunch of
people in the government. That's just
the simplest way to put this. If you
scroll down a little bit, you can get
some more details of the actual
executive order. In section three, it
requires various different agencies to
submit plans to reduce size of the
federal government workforce. By the
way, these would be plans drafted up by
the Office of Personnel Management and
Budget. This actually ends up being an
important part of the case, so keep this
in the back of your mind. And the plan
requires that each agency hire no more
than one employee for every four that
leave. And there's a federal hiring
freeze. So in other words, you can't
expand. And if you fire four people,
maybe we'll let you hire one to replace
the four you fired. Each agency head
shall also develop a plan that is a
data-driven plan in consultation with
their Doge team lead. and they should
focus hiring only on areas that are
missionritical, basically essential
government services. So this executive
order is the crux of what's being frozen
and ordered in a 42-ish page briefing
from the judge or order from the
briefing demanding a 14day injunction
that no plans for firings or agency
layoffs should be conducted. that there
is essentially going to be a temporary
restraining order eliminating the
opportunity for this to continue. Now,
what I want to do is go through some of
the juice in the actual order. And I'll
tell you, there's a lot of it. It's
going to give you a lot of perspective
into what's going on. Now, keep in mind,
I don't really have a horse at all in
this race. I think the government
definitely has some efficiency driving
it needs to do, but it is interesting
nonetheless to see the president push
the limits of what a president can do
and the judicial system try at least to
reign him in. I expect tomorrow we'll
get a lot of truth social posts about
how judges and activist judges are
trying to limit the govern, you know,
the president's ability to do what he
wants to do and do what he was, you
know, essentially voted into power to
do. At least that's what the uh
president's team argues. And so we'll
see how it evolves. Maybe it'll end up
at the Supreme Court. But for now, here
are some of the things that we'll find.
any president must enlist the help of
their co-equal branch and partner, the
Congress. I find this is actually an
interesting phrase. The judge is
basically saying Congress is your equal
and you need to use them and it is not
the responsibility of courts to
micromanage the federal workforce. But
sometimes courts need to act to preserve
the proper checks and balances between
the three branches of government. And
that unchecked presidential power is not
what the framers had in mind. the
framers of the constitution. And so
there is a twoe pause being started now
unless of course they can get the
legislative branch involved. And that's
what the judge is trying to do, protect
the power of the legislative branch.
They give some examples of problems
here. They say that uh agencies like
OSHA wanted to fire 221 mine safety
workers. So basically people who verify
that mines in America are safe. And
there are only 222 workers in total. So
we would basically fire all of them
except one. They give other examples uh
over social security uh or housing and
urban development or child care staffing
offices that have essentially been
shuttered because of a lack of federal
funds available to keep operating
leading to uh potentially farmers
missing their planting windows for
emergency relief claims or the Social
Security Administration having reduced
its workforce or trying to reduce its
workforce by 7,000 people leading to
long waits and people very frustrated or
unable to make appointments with social
security. Those are just some of the
examples that they give in terms of why
they think a temporary restraining order
would be necessary to preserve the
function of government. Of course, there
are many other I mean they mention at
least that the court received over a
thousand different submissions of
complaints about how the government
basically wasn't able to function
anymore because of the lack of staffing.
Now, the judge outlines that the
executive order from the president
commences a critical transformation of
the federal bureaucracy uh and quotes
the president in saying that tax dollars
are being siphoned off to fund
unproductive, unnecessary programs that
benefit radical interest groups while
hurting hardworking Americans. And
that's why these layoffs need to happen.
But the judge finds that Doge, known uh
as the Department of Governmental
Efficiency, derives no authority from
law at all. So this is actually a really
big dig at Doge from a judge here
saying, "You have no legal authority to
do anything." Now, what's also
interesting is the judge references how
many workers are supposed to be fired
from some various different departments
and gives some examples. The Department
of Health and Human Services uh issu is
issuing reduction in force notices of 8
to 10,000 employees. 8,500 positions
might be cut from the Department of
Energy, which is nearly half of the
workforce. Noah, the no National Oceanic
and Atmospheric Administration, which
deals obviously with weather, hurricane
forecasting, and otherwise, is
reportedly preparing a reduction in work
to reduce its workforce by more than
half. Reports also suggest that Housing
and Urban Development is prepared to cut
half of its staff and close many field
offices. The Department of Labor
Management said internally that they
have intended to cut the AY's
headquarter staff by 70% and the IRS
plans to cut 40% keeping in mind that
about 31% of auditors have already been
cut for tax auditing purposes and the VA
is planning to cut
83,000 positions. All of these just
being referenced here by the judge. And
when we get into sort of this history of
precedent, the judge says that what
Donald Trump's executive order 14210 is
doing is usurping the power of
congressional authority in violation of
the constitution separation of powers
clause and that the office of personnel
management, doge and other agencies are
operating beyond their
authority and are violating
administrative procedure procedures acts
in the process of doing what they're
doing. In other words, they're violating
the law and they don't have any leg to
stand on anyway. And that those are some
of the reasons why at least the judge is
providing this temporary restraining
order. We then get into standing, but we
also get into some historical precedent
where we actually find not only that the
judge suggests the court finds that at
least some of the plaintiff's arguments
will be substantial enough to
potentially succeed and therefore
they're providing this preliminary
injunction. But it's also worth noting
that the judge looks at history and
says, "Hey, in the past, other
presidents, Herbert Hoover or other
presidents have asked Congress for the
right to go back and reduce the expanded
administrative state. So basically, you
ask Congress for permission and you
explicitly get permission to broadly
restructure federal agencies." And this
was done by Herbert Hoover who first
requested and received such authority.
Congress granted his authority 16 times
under both Republican and Democratic
administrations or granted this
authority not just to Herbert Hoover but
to others uh to include nine different
presidents. So in other words, nine
different presidents have had the right
by Congress to provide for an ex, you
know, some form of administrative
reorganization.
However, George Bush and Obama, I
believe it was off the top of my head,
asked and were denied of their
opportunity. Yeah. Here, Presidents
George W. Bush and Barack Obama and
Donald Trump in his first term all
sought but did not end up getting
congressional approval to reorganize the
executive branch and those
administrative uh facilities. And so,
the judge is essentially saying, "Hey,
like you guys tried and failed. It used
to work in the past, but now you're all
failing and your legislation to try to
get Congress to help you failed. And so
this is very simple. You can't do this
alone. In fact, they say the following.
The simple proposition that the
president may not without Congress
fundamentally reorganize federal
agencies is not controversial.
constitutional commenters and
politicians across party lines agree
that sweeping reorganization of the
federal bureaucracy requires the active
participation of Congress. So the judge
here is not mincing words. This is
actually a pretty scathing report and or
order rather and it it goes all the way
back to when Bill Clinton lost his line
item veto powers which basically say hey
Congress has the power to spend and the
president does not without the power of
Congress and so if you want to
reorganize the federal government that's
fine but you need to do it with the work
of Congress. This is obviously going to
be very difficult for Donald Trump given
that they have just enough of a majority
to via budget reconciliation squeeze a
tax bill through Congress, which they
likely will do this year. But that'll be
done along party lines. It'll have a lot
of negotiating components to it. But
something like this or really any kind
of other legislation that would require
a normal 60 votes to get through his
filibuster probably not going to happen
without significant Democratic support.
In other words, some form of
bipartisanship. And I think that's why
Donald Trump, since he failed in term
one, is trying in term two to just do it
via Doge and executive order. But this
judge is shutting down some of these
layoffs, at least temporarily. Now, in
the near term, this is probably not
going to help much with reducing
uncertainty, but what you actually might
get is fewer government layoffs, which
would lead to fewer potential
unemployment concerns uh for the broader
economy, which I think is actually
important for a soft landing to make
sure we don't go into some kind of hard
landing, you know, uh layoff induced
recession. Not saying we don't want
governmental efficiency, but I am simply
arguing that there could actually be an
upside to this from an economic point of
view. Obviously, the downside would be
fiscal. Right now, we're spending more
money and not necessarily getting as
much efficiency as we were hoping. Doge
therefore could not have been acting
pursuant to statutory authority in
ordering large-scale workforce
reductions. Why? Because they have no
legal authority at all. This is pretty
scathing. I mean this this San Francisco
Jud judge is tearing apart Donald
Trump's executive order and Doge. So
this is borderline destruction by this
judge for the initiatives that Donald
Trump is trying to pull in terms of
reorganizing these agencies and firing
people. Now the judge also separates
what the power of Congress is and what
the power of the executive is. The judge
goes on to say that these individuals
are likely to succeed on their claims,
the claiming parties, the nonprofits,
the uh you know, state agencies and
other agencies and unions that are suing
uh on the behalf of these workers.
Additionally, the judge writes, "Holding
that the president doge, the office of
personal management and budget have
exceeded their authority naturally
raises the question of precisely where
the line should be drawn between
executive and legislative authority."
Okay, so basically where's the line? And
the interesting response is we don't
even need to tell you where the line is.
It is enough today to say that this
action is surely beyond the line. And
she basically invokes Chief Justice John
Roberts in her order to say, hey, the
tr, you know, Trump and Doge are going
way too far. We're shutting this down.
Therefore, it is hereby ordered
temporary injunction. Now obviously the
Supreme Court might eventually end up
getting uh looped into this and we might
end up finding changes to these sort of
orders. Again, this is just a temporary
injunction at the moment here. But at
least in this particular court, this and
this is a US district judge. This judge
is mincing absolutely zero words in this
northern district of California. This is
a federal court. uh and at least until
there is another court that steps in on
this. This is going to be the rule for
the next two weeks. Those layoffs are on
hold. It's going to be really
interesting to see how this plays out.
If you want to learn more, make sure to
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download the Meet Kevin app in the App
Store on Android and Apple. Thank you so
much for watching and we'll see you in
the next one. Goodbye and good luck. Why
not advertise these things that you told
us here? I feel like nobody else knows
about this. We'll we'll try a little
advertising and see how it goes.
Congratulations, man. You have done so
much. People love you. People look up to
you. Kevin Praath there, financial
analyst and YouTuber. Meet Kevin. Always
great to get your take.
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