Trump would argue that giving 30 days notice of firing would allow destruction of evidence and retaliatory abuse before termination. While media reporting says Trump terminated the inspectors, putting them on paid leave for 30 days until termination would be in compliance.
Eisen sent the letter and then immediately locked Walpin's account. So he was collecting salary for 30 days presumably, but not performing any job functions.
Trump's letter (including in the case exhibit) says that he's "eliminating the position", which strikes me as a different action from firing the individual.
Here's the wording:
"On behalf of President Donald J. Trump, I am writing to inform you that due to changing priorities your position as Inspector General of the United States Department of Agriculture is terminated, effective immediately."
So yeah, Trump is required to notify Congress when he's removing an IG, but is he required to do that when he's removing the IG position from a department?
The wording Obama used was this: "I am exercising my power as President to remove from office the Inspector General of the Corporation for National and Community Service, effective 30 days from today."
"Jurisdiction over actions "in the nature of mandamus" under §1361, like jurisdiction over the now-abolished petitions for writs of mandamus, is strictly confined. As the original panel in this case rightly pointed out, mandamus is "drastic"; it is available only in "extraordinary situations"; it is hardly ever granted; those invoking the court's mandamus jurisdiction must have a "clear and indisputable" right to relief; and even if the plaintiff overcomes all these hurdles, whether mandamus relief should issue is discretionary. See 334 F.3d at 1101-02. Although the panel was speaking of this court's mandamus jurisdiction under the All Writs Act, the Supreme Court held that the district court's "analysis of whether mandamus relief is appropriate should itself be constrained" by the same principles."
"Where the action a plaintiff seeks to compel is discretionary, he has no clear right to relief and mandamus is not an appropriate remedy."
I see this gang of eight getting shot down for the same reasons Eisen & Obama were able to shoot down Walpin's challenge.
It's been bugging me so much that Trump couldn't be bothered to send that 30 days notice before firing the IGs. So I figure he must have a reason and I dug on the history of Presidents firing IGs and we have a very juicy connection with one Obama fired: Gerald Walpin.
Obama & his Special Counsel Norm Eisen (that name is in the news) realize Walpin is closing in on two or more of their buddies: Kevin Johnson & Nicky Goren.
KJ is getting grant money from Americorps and Nicky is facilitating it. KJ is also being reported for sexual harassment so it needs to be buried.
Walpin receives a tip on it and does his job. Eisen demands his immediate resignation. Walpin refuses. Obama instructs he be placed on immediate administrative leave & sends the 30 day notice for his removal.
Grassley is upset and has a report written up on it by his staff.
The whole situation mirrors the current matter to a laughable degree. Definitely worth reading up on if you like to compare casework and make projections.
Looks like Johnson was assaulting & grooming kids at the school.
"While in Sacramento, Agents Wingers and Morales became aware of allegations
of inappropriate contact between Johnson and three female St. HOPE students. Mr. Johnson’s attorney, Kevin Hiestand, approached at least one of the students describing himself only as “a friend of Johnson’s,” and “basically asked me to keep quiet. According to her interview with OIG investigators, about one week later, Kevin Johnson offered her $1,000 a month until the end of the program, which she refused to accept. Moreover, the OIG uncovered evidence of two other female St. HOPE students reporting Johnson for inappropriate sexual conduct towards them. These are not the first such allegations. Johnson was also accused of fondling a young woman in the mid 1990’s, but no charges were ever filed."
+1 good dig on IGs and how Pres. Trump has a procedure to follow.
Place the IG on Administrative leave for 30 days and notify Congress.
To prevent IGs from destroying records, here’s step 2:
For those 30 days send the IGs on admin. leave to locations for isolated contemplation:
a) Death Valley, Calif., b) Truth or Consequences, New Mexico, c) Why, Arizona, d) Toad Suck, Arkansas
Wow I’m just thinking about firing this one small group and its connection to the past and all it exposes that we missed the first time through (during obama’s reign of terror). Truly it’s cleaning house to set a precedent and inform the public of how our government and legal system are supposed to work. What they’ve gotten away with is stunning. Great job! Being awake has been a true education.
Firing was the least of their problems-I hope. I am waiting for criminal charges to filed against all the ones who committed crimes in their jobs, also! Mr. President, please notify your justice department about the ones who are criminals and were fired.
Trump would argue that giving 30 days notice of firing would allow destruction of evidence and retaliatory abuse before termination. While media reporting says Trump terminated the inspectors, putting them on paid leave for 30 days until termination would be in compliance.
Two other factors.
Eisen sent the letter and then immediately locked Walpin's account. So he was collecting salary for 30 days presumably, but not performing any job functions.
Trump's letter (including in the case exhibit) says that he's "eliminating the position", which strikes me as a different action from firing the individual.
Here's the wording:
"On behalf of President Donald J. Trump, I am writing to inform you that due to changing priorities your position as Inspector General of the United States Department of Agriculture is terminated, effective immediately."
So yeah, Trump is required to notify Congress when he's removing an IG, but is he required to do that when he's removing the IG position from a department?
https://www.ignet.gov/content/inspectors-general-directory
Notice all the positions that are still listed as vacant.
Why weren't temporary appointees immediately placed?
The wording Obama used was this: "I am exercising my power as President to remove from office the Inspector General of the Corporation for National and Community Service, effective 30 days from today."
If you review the two cases (Walpin's and the 8 that are suing Trump) you'll see they seek the same "writ of mandamus"!
The judge in the Walpin case examined the Cheney Factors (it's a real thing) --among other things--to determine whether it could be granted.
https://law.justia.com/cases/federal/appellate-courts/cadc/02-5354/02-5354b-2011-03-24.html
"Jurisdiction over actions "in the nature of mandamus" under §1361, like jurisdiction over the now-abolished petitions for writs of mandamus, is strictly confined. As the original panel in this case rightly pointed out, mandamus is "drastic"; it is available only in "extraordinary situations"; it is hardly ever granted; those invoking the court's mandamus jurisdiction must have a "clear and indisputable" right to relief; and even if the plaintiff overcomes all these hurdles, whether mandamus relief should issue is discretionary. See 334 F.3d at 1101-02. Although the panel was speaking of this court's mandamus jurisdiction under the All Writs Act, the Supreme Court held that the district court's "analysis of whether mandamus relief is appropriate should itself be constrained" by the same principles."
"Where the action a plaintiff seeks to compel is discretionary, he has no clear right to relief and mandamus is not an appropriate remedy."
I see this gang of eight getting shot down for the same reasons Eisen & Obama were able to shoot down Walpin's challenge.
It's been bugging me so much that Trump couldn't be bothered to send that 30 days notice before firing the IGs. So I figure he must have a reason and I dug on the history of Presidents firing IGs and we have a very juicy connection with one Obama fired: Gerald Walpin.
Obama & his Special Counsel Norm Eisen (that name is in the news) realize Walpin is closing in on two or more of their buddies: Kevin Johnson & Nicky Goren.
KJ is getting grant money from Americorps and Nicky is facilitating it. KJ is also being reported for sexual harassment so it needs to be buried.
Walpin receives a tip on it and does his job. Eisen demands his immediate resignation. Walpin refuses. Obama instructs he be placed on immediate administrative leave & sends the 30 day notice for his removal.
Grassley is upset and has a report written up on it by his staff.
The whole situation mirrors the current matter to a laughable degree. Definitely worth reading up on if you like to compare casework and make projections.
NYT overview:
https://web.archive.org/web/20180429095106/https://www.nytimes.com/2009/06/18/us/politics/18americorps.html?_r=3
SFGate overview:
https://www.sfgate.com/opinion/article/A-confused-disoriented-whistle-blower-3294322.php
Walpin suit docs:
https://www.courtlistener.com/docket/4210641/walpin-v-corporation-for-national-and-community-services/
https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2009cv1343-31
Grassley/Issa staff report on Walpin firing:
https://web.archive.org/web/20110305225154/https://oversight.house.gov/images/stories/Reports/20091120JointStaffReport.pdf
New suit from 8 of the fired IGs (Storch Fags heads up: apparently includes Storch as a plaintiff!!!):
https://storage.courtlistener.com/recap/gov.uscourts.dcd.277385/gov.uscourts.dcd.277385.1.0_1.pdf
Nicky Goren -- CNCS leader when this was going down (became a DEI guru):
https://www.ngstrategies.net/about
Looks like Johnson was assaulting & grooming kids at the school.
"While in Sacramento, Agents Wingers and Morales became aware of allegations of inappropriate contact between Johnson and three female St. HOPE students. Mr. Johnson’s attorney, Kevin Hiestand, approached at least one of the students describing himself only as “a friend of Johnson’s,” and “basically asked me to keep quiet. According to her interview with OIG investigators, about one week later, Kevin Johnson offered her $1,000 a month until the end of the program, which she refused to accept. Moreover, the OIG uncovered evidence of two other female St. HOPE students reporting Johnson for inappropriate sexual conduct towards them. These are not the first such allegations. Johnson was also accused of fondling a young woman in the mid 1990’s, but no charges were ever filed."
+1 good dig on IGs and how Pres. Trump has a procedure to follow.
To prevent IGs from destroying records, here’s step 2:
Wow I’m just thinking about firing this one small group and its connection to the past and all it exposes that we missed the first time through (during obama’s reign of terror). Truly it’s cleaning house to set a precedent and inform the public of how our government and legal system are supposed to work. What they’ve gotten away with is stunning. Great job! Being awake has been a true education.
Thanks for this. This is such good research op I reposted to patriots
Here are two more info sources for digging on these critters:
LittleSis: Public Accountability Initiative
https://littlesis.org
Discover the Networks: An Online Database of the Left and Its Initiatives
https://www.discoverthenetworks.org
Excellent work fren.
Good digging anon o7
Firing was the least of their problems-I hope. I am waiting for criminal charges to filed against all the ones who committed crimes in their jobs, also! Mr. President, please notify your justice department about the ones who are criminals and were fired.
You are the news! Great journalism right there.
Remy: Don't Tell Them:
https://www.youtube.com/watch?v=wmtaCZmzKWo