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The New Coffee Room

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  3. On the legality of DOGE

On the legality of DOGE

Scheduled Pinned Locked Moved General Discussion
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  • jon-nycJ jon-nyc

    No he doesn’t. My guess is they’ll come up with some genius theory that as long as they never call themselves an ‘advisory committee’ it doesn’t apply to them and the courts will giggle.

    Doctor PhibesD Offline
    Doctor PhibesD Offline
    Doctor Phibes
    wrote on last edited by Doctor Phibes
    #14

    @jon-nyc said in On the legality of DOGE:

    No he doesn’t. My guess is they’ll come up with some genius theory that as long as they never call themselves an ‘advisory committee’ it doesn’t apply to them and the courts will giggle.

    That would set them up for what is now apparently being described as a visit to pound town.

    I was only joking

    1 Reply Last reply
    • jon-nycJ jon-nyc

      @Jolly said in On the legality of DOGE:

      It's the Church Commission, in essence. The lawsuits are frivolous.

      It isn’t frivolous. The Church commission followed FACA.

      JollyJ Offline
      JollyJ Offline
      Jolly
      wrote on last edited by
      #15

      @jon-nyc said in On the legality of DOGE:

      @Jolly said in On the legality of DOGE:

      It's the Church Commission, in essence. The lawsuits are frivolous.

      It isn’t frivolous. The Church commission followed FACA.

      FACA wasn't codified until just a few years ago. And many view it as unconstitutional as it applies to the Executive Branch.

      I don't think Trump will mind taking this to SCOTUS at all. Be careful what you sue for...

      “Cry havoc and let slip the DOGE of war!”

      Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

      1 Reply Last reply
      • jon-nycJ Online
        jon-nycJ Online
        jon-nyc
        wrote on last edited by
        #16

        It was signed into law right after my 4th birthday.

        "You never know what worse luck your bad luck has saved you from."
        -Cormac McCarthy

        1 Reply Last reply
        • jon-nycJ Online
          jon-nycJ Online
          jon-nyc
          wrote on last edited by jon-nyc
          #17

          By the way a useful mental exercise is to imagine if, four years ago, President Biden had established the Department of Government Equity, co-led by Ibrahm X Kendi and Nicole Hannah Jones, with the mission of bringing racial and gender equity to every aspect of government policy.

          Would you want them to be transparent? Publish who they met with and when? Document their meetings and findings and decisions?

          "You never know what worse luck your bad luck has saved you from."
          -Cormac McCarthy

          JollyJ HoraceH 2 Replies Last reply
          • jon-nycJ jon-nyc

            By the way a useful mental exercise is to imagine if, four years ago, President Biden had established the Department of Government Equity, co-led by Ibrahm X Kendi and Nicole Hannah Jones, with the mission of bringing racial and gender equity to every aspect of government policy.

            Would you want them to be transparent? Publish who they met with and when? Document their meetings and findings and decisions?

            JollyJ Offline
            JollyJ Offline
            Jolly
            wrote on last edited by
            #18

            @jon-nyc said in On the legality of DOGE:

            By the way a useful mental exercise is to imagine if, four years ago, President Biden had established the Department of Government Equity, co-led by Ibrahm X Kendi and Nicole Hannah Jones, with the mission of bringing racial and gender equity to every aspect of government policy.

            Would you want them to be transparent? Publish who they met with and when? Document their meetings and findings and decisions?

            What I want and what is constitutional are two different things. I don't like the blanket pardons Biden gave out, but I don't see where anything can be done about them.

            The power of the Executive is the power of the Executive.

            “Cry havoc and let slip the DOGE of war!”

            Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

            1 Reply Last reply
            • jon-nycJ jon-nyc

              By the way a useful mental exercise is to imagine if, four years ago, President Biden had established the Department of Government Equity, co-led by Ibrahm X Kendi and Nicole Hannah Jones, with the mission of bringing racial and gender equity to every aspect of government policy.

              Would you want them to be transparent? Publish who they met with and when? Document their meetings and findings and decisions?

              HoraceH Offline
              HoraceH Offline
              Horace
              wrote on last edited by
              #19

              @jon-nyc said in On the legality of DOGE:

              By the way a useful mental exercise is to imagine if, four years ago, President Biden had established the Department of Government Equity, co-led by Ibrahm X Kendi and Nicole Hannah Jones, with the mission of bringing racial and gender equity to every aspect of government policy.

              Would you want them to be transparent? Publish who they met with and when? Document their meetings and findings and decisions?

              Does every DEI office in every government department act that way? This seems to be a "useful mental exercise" only for those who believe a "department of government equity" would be a novel initiative that doesn't already exist as a distributed system of 1000s of DEI cells in thousands of departments. Just as, in Biden's time, almost all large corporations had such a department.

              Education is extremely important.

              1 Reply Last reply
              • jon-nycJ Online
                jon-nycJ Online
                jon-nyc
                wrote on last edited by
                #20

                You’re missing the point. FACA governs external groups staffed by non-governmental employees. Government departments have their own transparency and accountability rules, for what they’re worth.

                "You never know what worse luck your bad luck has saved you from."
                -Cormac McCarthy

                HoraceH 1 Reply Last reply
                • MikM Offline
                  MikM Offline
                  Mik
                  wrote on last edited by
                  #21

                  I was listening to NPR on the way to haircut this morning. They had some DEI person on who said the Trump EOs won't matter much because it's not really about race and gender, DEI is about a color and gender blind meritocracy. Then she said when you walk into a room or a meeting and look around you'll know whether they have DEI or not.

                  “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

                  HoraceH 1 Reply Last reply
                  • jon-nycJ jon-nyc

                    You’re missing the point. FACA governs external groups staffed by non-governmental employees. Government departments have their own transparency and accountability rules, for what they’re worth.

                    HoraceH Offline
                    HoraceH Offline
                    Horace
                    wrote on last edited by
                    #22

                    @jon-nyc said in On the legality of DOGE:

                    You’re missing the point. FACA governs external groups staffed by non-governmental employees. Government departments have their own transparency and accountability rules, for what they’re worth.

                    Ok then. The "useful mental exercise" yields a yawn from me, considering we already have a distributed system for the purpose described, all of which have nominal reporting requirements. It would have moved zero needles, but for pundit talking points at the worst, to have a department of DEI with no reporting requirements.

                    Education is extremely important.

                    jon-nycJ 1 Reply Last reply
                    • MikM Mik

                      I was listening to NPR on the way to haircut this morning. They had some DEI person on who said the Trump EOs won't matter much because it's not really about race and gender, DEI is about a color and gender blind meritocracy. Then she said when you walk into a room or a meeting and look around you'll know whether they have DEI or not.

                      HoraceH Offline
                      HoraceH Offline
                      Horace
                      wrote on last edited by
                      #23

                      @Mik said in On the legality of DOGE:

                      I was listening to NPR on the way to haircut this morning. They had some DEI person on who said the Trump EOs won't matter much because it's not really about race and gender, DEI is about a color and gender blind meritocracy. Then she said when you walk into a room or a meeting and look around you'll know whether they have DEI or not.

                      DEI is about the opposite of what DEI is about? Is that what the rhetoric of the left has become? Or maybe just that particular pundit.

                      Education is extremely important.

                      1 Reply Last reply
                      • HoraceH Horace

                        @jon-nyc said in On the legality of DOGE:

                        You’re missing the point. FACA governs external groups staffed by non-governmental employees. Government departments have their own transparency and accountability rules, for what they’re worth.

                        Ok then. The "useful mental exercise" yields a yawn from me, considering we already have a distributed system for the purpose described, all of which have nominal reporting requirements. It would have moved zero needles, but for pundit talking points at the worst, to have a department of DEI with no reporting requirements.

                        jon-nycJ Online
                        jon-nycJ Online
                        jon-nyc
                        wrote on last edited by jon-nyc
                        #24

                        @Horace said in On the legality of DOGE:

                        @jon-nyc said in On the legality of DOGE:

                        You’re missing the point. FACA governs external groups staffed by non-governmental employees. Government departments have their own transparency and accountability rules, for what they’re worth.

                        Ok then. The "useful mental exercise" yields a yawn from me, considering we already have a distributed system for the purpose described, all of which have nominal reporting requirements. It would have moved zero needles, but for pundit talking points at the worst, to have a department of DEI with no reporting requirements.

                        The broader point I was making is that both sides, when their guy is in power, seem to want very few constraints on executive power, forgetting that eventually the office will be occupied by someone they wish were more constrained. It’s useful to imagine some alternative scenario where the other is in the office so you can be careful why you wish for.

                        You may want Trump to be able to coerce states into doing his bidding by withholding highway funds. But do you president AOC to be able to do that? No? Ok then, be thankful that’s not allowed.

                        "You never know what worse luck your bad luck has saved you from."
                        -Cormac McCarthy

                        HoraceH 1 Reply Last reply
                        • jon-nycJ jon-nyc

                          @Horace said in On the legality of DOGE:

                          @jon-nyc said in On the legality of DOGE:

                          You’re missing the point. FACA governs external groups staffed by non-governmental employees. Government departments have their own transparency and accountability rules, for what they’re worth.

                          Ok then. The "useful mental exercise" yields a yawn from me, considering we already have a distributed system for the purpose described, all of which have nominal reporting requirements. It would have moved zero needles, but for pundit talking points at the worst, to have a department of DEI with no reporting requirements.

                          The broader point I was making is that both sides, when their guy is in power, seem to want very few constraints on executive power, forgetting that eventually the office will be occupied by someone they wish were more constrained. It’s useful to imagine some alternative scenario where the other is in the office so you can be careful why you wish for.

                          You may want Trump to be able to coerce states into doing his bidding by withholding highway funds. But do you president AOC to be able to do that? No? Ok then, be thankful that’s not allowed.

                          HoraceH Offline
                          HoraceH Offline
                          Horace
                          wrote on last edited by
                          #25

                          @jon-nyc said in On the legality of DOGE:

                          @Horace said in On the legality of DOGE:

                          @jon-nyc said in On the legality of DOGE:

                          You’re missing the point. FACA governs external groups staffed by non-governmental employees. Government departments have their own transparency and accountability rules, for what they’re worth.

                          Ok then. The "useful mental exercise" yields a yawn from me, considering we already have a distributed system for the purpose described, all of which have nominal reporting requirements. It would have moved zero needles, but for pundit talking points at the worst, to have a department of DEI with no reporting requirements.

                          The broader point I was making is that both sides, when their guy is in power, seem to want very few constraints on executive power, forgetting that eventually the office will be occupied by someone they wish were more constrained. It’s useful to imagine some alternative scenario where the other is in the office so you can be careful why you wish for.

                          You may want Trump to be able to coerce states into doing his bidding by withholding highway funds. But do you president AOC to be able to do that? No? Ok then, be thankful that’s not allowed.

                          I can't speak for everybody else here, but I'm familiar with basic principles of critical thought. I'm pretty sure everybody else is too. Remember the drumbeat about what all the lawfare against Trump might mean when the shoe is on the other foot? That would be an application of this principle.

                          Education is extremely important.

                          1 Reply Last reply
                          • CopperC Offline
                            CopperC Offline
                            Copper
                            wrote on last edited by
                            #26

                            If Mr. Biden can have an ERA, Mr. Trump can have a DOGE.

                            Fair is fair.

                            1 Reply Last reply
                            • jon-nycJ Online
                              jon-nycJ Online
                              jon-nyc
                              wrote on last edited by
                              #27

                              Trump already tweeted out a constitutional change and it’s just as worthless as the one Biden tweeted out.

                              "You never know what worse luck your bad luck has saved you from."
                              -Cormac McCarthy

                              George KG 1 Reply Last reply
                              • jon-nycJ jon-nyc

                                Trump already tweeted out a constitutional change and it’s just as worthless as the one Biden tweeted out.

                                George KG Offline
                                George KG Offline
                                George K
                                wrote on last edited by
                                #28

                                @jon-nyc said in On the legality of DOGE:

                                Trump already tweeted out a constitutional change

                                Let's see what the courts say about "subject to the jurisdiction thereof".

                                It will be an interesting argument.

                                "Now look here, you Baltic gas passer... " - Mik, 6/14/08

                                The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

                                AxtremusA 1 Reply Last reply
                                • George KG George K

                                  @jon-nyc said in On the legality of DOGE:

                                  Trump already tweeted out a constitutional change

                                  Let's see what the courts say about "subject to the jurisdiction thereof".

                                  It will be an interesting argument.

                                  AxtremusA Away
                                  AxtremusA Away
                                  Axtremus
                                  wrote on last edited by
                                  #29

                                  @George-K said in On the legality of DOGE:

                                  Let's see what the courts say about "subject to the jurisdiction thereof".

                                  It will be an interesting argument.

                                  That's about as interesting as saying let's see what the courts say about "A well regulated Militia, being necessary to the security of a free State ..."

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