Appeals Court Rules on DOGE, USAID

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well it’s official elon Musk and President Trump are once again allowed to go ahead and dismantle USAD after a somewhat short legal battle a federal appeals court determined just last Friday that the Trump administration does have the full authority to gut the agency and guttered they are given the fact that right now most employees have already been let go most contracts have already been terminated their headquarters building has already been given to another agency and on top of all that within the next 3 months anything within USA ID that’s going to be kept will be rolled into the State Department while everything else will just be discontinued effectively making the agency a shell of its former self let’s go through the backstory here together as well as what this all means going forward and speaking of going forward on the back end of YouTube it shows me that about 42% of the people who watch these videos aren’t subscribed to the channel and so going forward please consider subscribing we report a lot of interesting stories that get brushed under the rug of the typical news cycle and by subscribing you not only support the channel but you will also get our episodes delivered directly into your newsfeed every time we publish them and if you’re watching this and you’re already subscribed well for one thank you but for two please hit that like button from the back end I can also see that it helps out a lot when you hit that like button it helps the videos reach more people and so I thank you for that now getting back to USAD if we rewind the clock back to January one of the very first things that Trump did upon assuming office was to take an agency that was established by Barack Obama and change it into the Department of Government Efficiency otherwise known as Doge he then attached Elon Musk to that department with the stated goal being to root out government fraud as well as government waste the sheer amount of waste and fraud in the government it is astonishing it’s mind-blowing uh just uh we routinely encounter wastes of a billion dollars or more elon and Doch then got to work and one of the very first things that they exposed was the spending that was being done over at USID now I’m sure you’ve seen many of these examples before but some notable line items include $ 1.5 million to advance diversity equity and inclusion in Serbia’s business communities $70,000 spent on the production of a DEI musical in Ireland $2.5 million for electric vehicles in Vietnam $47,000 for a transgender opera in Colombia $32,000 to create a transgender comic book in Peru $2 million for sex changes and LGBT activism in Guatemala $6 million to fund tourism in Egypt and so on usad’s yearly budget was over $40 billion and so you can really imagine how many subversive activities they were able to fund and the things I mentioned above were really just the topline items that got a lot of media attention it doesn’t even include the clandestine stuff there are plethora of other internet censorship activities alleged regime change activities the funding of media outlets that do the US government’s bidding in other countries the suppression of populism the creation of social movements and even just the use of all that money as a slush fund for those who are well-connected the $40 billion yearly budget of USAD went quite far in fact it was likely the US aid’s large budget what they were spending that budget on as well as their lack of oversight and transparency that made them such a big target for Doge and to that end if today you went over to the Doge Tracker website the website where they track all the different savings they’ve been able to achieve and then you go to the canceled contract section and you sort by largest dollar amount you’ll find that the bulk of the high dollar terminated contracts are from USA ID although the details of those contracts are currently unavailable due to legal reasons regardless what Elon exposed caused the Trump administration to basically gut the agency they either fired or laid off a majority of the staff they terminated roughly 83% of all contracts they removed the agency name from the building they gave the building to US Customs and Border Protection and on top of all that they removed the leadership and they placed Marco Rubio as the acting director now for your reference organizationally USAD sits underneath the State Department and so Marco Rubio as the Secretary of State was the natural choice to be placed in charge of it during this whole reorganization process and also interestingly Marco Rubio he was really on board with the idea of gutting the agency since he believed that USAD had been rogue for a while now even when he was in the Senate he believed it was rogue back then in fact shortly after becoming the acting director he had an exchange with some reporters and here’s what he said regarding USA ID what it should be versus what it actually is my frustration with US A goes back to my time in Congress it’s a completely unresponsive agency it’s supposed to respond to policy directives of the State Department and it refuses to do so so the functions of USA ID there are a lot of functions of USA ID that are going to continue that are going to be part of American foreign policy but it has to be aligned with American foreign policy i said very clearly when we when I during my confirmation hearing that every dollar we spend and every program we fund that will be aligned with the national interest of the United States and um USAD has a history of sort of ignoring that and deciding that they’re somehow a global charity separate from the national interest these are taxpayer dollars and so I’m very troubled by these reports that they’ve been unwilling to cooperate with people who are asking simple questions about what does this program do who gets the money who are our contractors who’s funded and that sort of level of insubordination makes it impossible to conduct the sort of mature and serious review that I think foreign a large uh should should have and we’re spending taxpayer money here these are not donor dollars these are taxpayer dollars and we owe the American people the sure the the the asurances that every dollar we are spending abroad is being spent on something that furthers our national interest and so far a lot of the people that work at USAD have just simply refused to cooperate are you currently in charge of USAD or you I’m the acting director of USAD i’ve I’ve delegated that authority to someone but I stay in touch with him and again our goal was to go in and align our foreign uh aid to the national interest but if you go to mission after mission and embassy after embassy around the world you will often find that in many cases USA ID is involved in programs that run counter to what we’re trying to do in our national strategy with that country or with that region that cannot continue usa ID is not an independent non-governmental entity it is an entity that spends taxpayer dollars and it needs to spend it as the statute says in alignment with the policy directives that they get from the Secretary of State the National Security Council and the President and it’s been 20 or 30 years where people have tried to reform it and it refuses to reform it refuses to cooperate when we were in Congress we couldn’t even get answers to basic questions about programs that will not continue that’s not going to continue all right just to pause here for a super quick moment listen it’s obvious that the financial system is not looking too great after being pumped up with trillions of virtually free government dollars for many many years now well the stock bubble might actually burst in the near future and in that process unfortunately it could take away the nest egg of anyone who happens to be exposed to it and so consider taking this opportunity to diversify into something which is beyond the grasp of Washington DC and Wall 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these developments line down and so pretty much as expected on February 13th a lawsuit was filed on behalf of 26 former and current employees or contractors with USAD in their lawsuit these individuals made two legal arguments for why scrapping USA ID was unconstitutional the first legal argument had to do with the separation of powers doctrine congress has the power to create agencies while the executive branch has the authority to run agencies within the guidelines that were established by Congress and so these employees claimed in their lawsuit that shutting down the US aid headquarters laying off most of the staff and terminating most of the contracts that was a violation of the separation of powers doctrine and so that was the first legal argument the second argument was a bit more novel these 26 individuals claimed in their lawsuit that Elon Musk he has been given too much power and that he should be deemed an officer of the United States under the US Constitution’s appropriations clause and therefore Elon Musk actually needs to be confirmed by the US Senate if he is to continue being the head of Doge here’s specifically what they wrote in their lawsuit quote "In his government role defendant Musk exercises an extraordinary amount of power indeed the scope and reach of his executive authority appears unprecedented in US history his power includes at least the authority to seize the payment of congressionally approved funds access sensitive and confidential data across government agencies cut off systems access to federal employees and contractors at will and take over and dismantle entire independent federal agencies it is clear that the duties defendant Musk and the Doge team he directs have performed thus far represent the performance of significant governmental duties that may be exercised only by persons who are officers of the United States and duly appointed pursuant to the US Constitution’s appointment clause but defendant Musk has not been nominated by President Trump and confirmed by the US Senate as article 2 of the United States Constitutional requires and so that right there is a very interesting legal argument they’re basically not saying that what he is doing is illegal but rather their argument is that if Elon Musk is the one who’s actually dismantling the agency from within then he needs to first be confirmed by the US Senate now the relevant piece of law that they’re referencing here is the appointment clause of the US Constitution for your reference here is specifically what this clause says and it can be found in article 2 section 2 quote "The president shall nominate and by and with the advice and consent of the Senate shall appoint ambassadors other public ministers and consils judges of the Supreme Court and all other officers of the United States but the Congress may by law vest the appointment of such inferior officers as they think proper in the president alone in the courts of law or in the heads of departments." Meaning essentially that for high level appointments the president must consult with the Senate but for lesser appointments the president or even the heads of departments can appoint those people themselves if Congress allows for it now obviously the question here becomes whether or not Elon Musk falls under the purview of this clause whether or not he qualifies as an officer of the United States subject to Senate confirmation now interestingly this was never an issue with Elon’s predecessors as I mentioned at the top of the episode Doge the Department of Government Efficiency is actually just a rebranding of Barack Obama’s United States Digital Service and none of the three previous administrators of that agency needed to get Senate confirmation they were all just appointed by the president also the Trump administration for their part they claim that Elon is nothing more than an adviser he has no authority himself he can only advise Trump and Marco Rubio to take certain actions he cannot do anything himself regardless though these were the two legal arguments that the US aid employees were making in their lawsuit that for one Elon needed to be confirmed by the Senate and that secondly dismantling USAD was a violation of the separation of powers doctrine and so this is where things got interesting in the lower court the judge actually ruled against Elon Musk and Doge specifically on March 18th US District Judge Theodore Chuang who was appointed to the bench by Barack Obama he issued an opinion wherein he wrote the following quote "Evidence presently favors the conclusion that contrary to the White House’s sweeping claim that Musk has acted only as an adviser Musk made the decisions to shut down USAD’s headquarters and website even though he lacked the authority to make that decision." The judge based that opinion on social media posts as well as news articles furthermore the Trump administration argued that their act of dismantling USA ID fit within the president’s authority to conduct foreign affairs as per article 2 of the US Constitution however Judge Tuang disagreed and he wrote that Trump’s actions against USAD quote relate largely to the structure of and resources made available to a federal agency not to the direct conduct of foreign policy or engagement with foreign governments meaning in plain English the judge found that the actions that were taken to scale down USA ID probably violated the US Constitution and therefore while the case is still pending in court the judge issued an injunction ordering Doge to reinstate access to the workers and contractors to their systems as well as to not place any more employees on leave to not fire any more employees and to not terminate any more contracts the case will still play itself out in court but in the meantime the judge indefinitely blocked Doge from basically being able to do anything now the White House as well as Doge they urgently appealed that decision and wouldn’t you know it just 5 days ago the Federal Appeals Court sided with Eliot specifically quote "The US Court of Appeals for the Fourth Circuit issued an order last Friday stating that the preliminary injunction filed on March 18th by Maryland based US District Judge Theor Chuang hereby is stayed pending the resolution of this appeal." meaning that Judge Tuang’s injunction has been done away with put on hold pending litigation this new order was written by Judge Arthur Quadbomb who was appointed to the bench by President Trump during his first term in office and Judge Quailbomb wrote the following quote Elon Musk and Doge demonstrated that they will likely prevail on the merits when the case is heard and that they would be irreparably injured absent the stay although the activities of Doge and its leader Musk related to USA ID are not conventional unconventional does not necessarily equal unconstitutional this does not mean that those who sued will not be able to develop evidence of unconstitutional conduct as the case progresses time will tell our holding is merely that at this time the record does not support the district court’s finding of a likelihood of constitutional violations and then he went on further to discuss the question of Musk’s appointment and he wrote as follows quote "The only evidence cited by plaintiffs in support of their motion which was subsequently relied on by the district court were social media posts and news reports as to Musk the evidence before us creates a strong likelihood that he functioned as an adviser to the president carrying out the president’s policies of shrinking government and reducing spending not as an officer who required constitutional appointment." And as such President Trump can now continue to dismantle USA ID which is exactly what he’s doing on the very same day that this court order was issued the US State Department put out a statement you can see it up on your screen saying that they will shut down USA ID by July 1st quote "Today the Department of State has notified Congress on their intent to undertake a reorganization that would involve realigning certain USAD functions to the department by July 1st 2025 and discontinuing the remaining US aid functions that do not align with administration priorities." And so there you have it as of right now as of this moment most US aid employees have been either fired or laid off roughly 83% of the contracts have been terminated the US aid headquarters has been given away to another agency and then moving forward within the next three months anything within USAD such as their actual humanitarian work that’s to be kept will be rolled into the state department while everything else will be discontinued effectively making USAD as an agency a shell of its former self if you like to dig into anything that we discussed in today’s episode I’ll throw the links to all my research notes you’ll be able to find them down in the description box below this video if you are the type of person that likes to dig into the weeds and all I ask in return is that as you’re making your way down there to the description box take a super quick detour to smash those like and subscribe buttons so that this video can reach ever more people via the YouTube algorithm and then until next time I’m your host Roman from the Epic Times stay informed and most importantly stay free Experience Political Thought

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