On Friday, President Trump Fired About 12 inspectors. These inspectors are appointed by the president and approved by the Senate. But the president’s dismissal authority is limited by notification requirements. 5 USC § 403 (b) Provide:
(b) Dismissal or full -time inspector may be dismissed by the president. If the inspector is dismissed from the position or moved to another position or place in the facility, the president shall deliver the dismissal or transfer reasons to the House and House of Representatives before dismissal or 30 days before dismissal or 30 days. . No provisions in this paragraph are not allowed to prohibit personnel measures allowed by the law, except for transfer or dismissal.
Trump obviously did not notice 30 days ago. It would have been impossible to do so because his term began only five days ago. (It’s only five days, but did it seem to be forever!?) Senator Chuck Grassley (Iowaju), the champion of IG, said clearly:
Grassley mentioned the inspector and said, “There may be reason why IG is fired.” “Then we need to know it. I want President Trump’s further explanation. Nevertheless, the 30 -day dismissal notice required by the law is not provided to Congress.”
What is the legitimacy of Trump without notification? Can this limit be applied to the new president who has just been inaugurated? Do Trump think that the 30 -day clock violates the authority of Article 2? Do you boldly sue one of the IG and prepare for the Supreme Court test case?
Trump’s refusal to provide notification reminds me of the Bowbugdal situation. The Defense Act required the administration to provide Congress with a 30 -day notice before transferring certain prisoners in Guantanamo Bay. In 2014, however, President Obama exchanged with the US prisoner, Bogbergdal, and did not notice prior notice before transporting prisoners. The detainees who were released at the time were part of the deal to bring Bowe Bergdahl back. that Government Accounting Agency I concluded that I had a transfer Violate It violated the “clear and blurry law” and violated the “shortage prevention law”. How did Obama bypass this bill?
The Obama administration has suggested some defense measures for this decision. At first, at least the administration said the 30 -day restrictions violated the following. President’s Article 2 of the President. I wrote about the constitutional issue related to the release. Unpugeon:
At first, Defense Minister Chuck Hagle justified the president’s inheritance of the president’s inherent Article 2. “We believe that the president of the United States is commander. [and] I have the authority and authority to make a decision. According to Article 2 of the ConstitutionSusan Rice’s National Security Advisor, who was faithful to the broadcast on Sunday morning, mentioned the president’s unique authority in this week’s interview, saying, “We had a reason to worry that this is an urgent and urgent situation. We didn’t forgive the US government if we waited.
Unfortunately, the Obama administration, which opposes 2 trillions, withdrew its statement.
Shortly after that, the administration attempted to withdraw its position, and the National Security Council issued a more sophisticated statement that was not based on its own authority. It should be interpreted as not applied “Such interference can greatly change the balance between Congress and the president and even cause constitutional concerns, so we believe it is fair to conclude: Congress did not intend to ban the administration’s actions in this situation.The White House spokesman, likewise, said, “The government decided to pursue such a transfer considering the unique and urgent situation.” Despite the NDAA’s notice requirementsBecause of the situation. “
At that time, Jack Gold Smith Extracted This basis.
Let’s take a look at what President Trump has made a 30 -day notice requirement.
UpdateIn 2022, the Congress revised the law to provide a real basis for the president’s ‘detailed and reasons for each case.’ This is not a “cause” removal standard, but it is almost the same. The president cannot “lost my trust” or do such a common statement.
President Trump did not comply with the 30 -day notice requirements and did not provide any evidence, rather than practical evidence.
This problem is also topic of conversation In Sunday News Program:
Senator Adam Shep, California, accused President Donald Trump’s decision to dismiss 18 inspectors late Friday night and violated the law.
“Well,” Technically, he has violated the law, “he ignores these obvious violations. Yes, he broke the law. “Schiff said to NBC News” Meet the Press. “
His remarks were the response to Senator Lindsey Graham, who said, “Meet the media,” to the moderator Christine Welker, “Technically,” the Congress’s revised inspection law was revised to strengthen protection. From the unfair dismissal of the inspector.
“I don’t have to sleep much enough to replace the staff,” GRAHAM added. Graham added.
Graham later defended Trump in an interview with CNN, saying, “Yes. I think he should have done so.”
“I think the government hasn’t worked for the American people. These guardians have done quite poor things. He wants a new view of Washington, and it makes sense to me,” he added.
But Schiff pushed back the concept, warning that “if we don’t have a good and independent inspector, we will see the swamps again.”
“The president’s goal is to eliminate the public’s interest in his illegal activities,” he added.
The White House has not yet mentioned the legitimacy of dismissal.
On Saturday, the White House official said that many dismissal decisions were made in the process of “review by legal advisors.” But they are confirming in the White House lawyer office, but they don’t think the administration has violated any law.
It is not clear how Congress can solve this obvious violation of the law, but Sunday Prime Minister Schiff said, “We have the authority to make money. I have the authority not to do it. ” These are the control agencies that the inspectors have just been fired. “
