Category: Reading Between the Edicts

RBTE – EOs/PMs Targeting Law Firms in the Past Century

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Reading Between the Edicts – Executive Orders and Presidential Memoranda issued in the past 100 years that have targeted specific law firms by name.

Did I miss one? It’s possible – I’m human 🙂 Post any omissions in the comments with a link and I’ll add it.

RBTE – Ensuring Enforcement of Federal Rule of Civil Procedure 65(c)

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Reading Between the Edicts – this Executive Order focuses on Federal Rule of Civil Procedure 65(c). I encourage you to read this order in its entirety in addition to reading the excerpts below.

2025-03-11 — Executive Order – Ensuring Enforcement of Federal Rule of Civil Procedure 65(c)

One key mechanism is Federal Rule of Civil Procedure 65(c) (Rule 65(c)), which mandates that a party seeking a preliminary injunction or temporary restraining order (injunction) provide security in an amount that the court considers proper to cover potential costs and damages to the enjoined or restrained party if the injunction is wrongly issued.

Consistent enforcement of this rule is critical to ensuring that taxpayers do not foot the bill for costs or damages caused by wrongly issued preliminary relief by activist judges and to achieving the effective administration of justice.

Therefore, it is the policy of the United States to demand that parties seeking injunctions against the Federal Government must cover the costs and damages incurred if the Government is ultimately found to have been wrongfully enjoined or restrained.  Federal courts should hold litigants accountable for their misrepresentations and ill-granted injunctions.

Consistent with applicable law, the heads of executive departments and agencies (agencies), in consultation with the Attorney General, are directed to ensure that their respective agencies properly request under Rule 65(c) that Federal district courts require plaintiffs to post security equal to the Federal Government’s potential costs and damages from a wrongly issued injunction.  The scope of this directive covers all lawsuits filed against the Federal Government seeking an injunction where agencies can show expected monetary damages or costs from the requested preliminary relief, unless extraordinary circumstances justify an exception.

(b)  the security amount the agency is requesting is based on a reasoned assessment of the potential harm to the enjoined or restrained party; and

(c)  failure of the party that moved for preliminary relief to comply with Rule 65(c) results in denial or dissolution of the requested injunctive relief.

RBTE – …Restoring Merit to Government Service

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Reading Between the Edicts – let’s look at another Executive Order related to hiring. I encourage you to read the order in its entirety in addition to reading the excerpts below.

2025-01-20 — Executive Order – Reforming the Federal Hiring Process and Restoring Merit to Government Service

prioritize recruitment of individuals committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution

…prevent the hiring of individuals who are unwilling to defend the Constitution or to faithfully serve the Executive Branch

This Federal Hiring Plan shall include specific agency plans to improve the allocation of Senior Executive Service positions in the Cabinet agencies, the Environmental Protection Agency, the Office of Management and Budget, the Small Business Administration, the Social Security Administration, the National Science Foundation, the Office of Personnel Management, and the General Services Administration, to best facilitate democratic leadership, as required by law, within each agency.

RBTE – Senior Executive Service

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Next up for Reading Between the Edicts is an Executive Order and related OPM memos affecting the Executive Branch’s Senior Executive Service (SES). I encourage you to read all sources in their entirety in addition to reading the excerpts below.

2025-01-20 — Executive Order – Restoring Accountability for Career Senior Executives

Because SES officials wield significant governmental authority, they must serve at the pleasure of the President.

2025-02-25 — OPM Policy – Basic Appraisal System

Old Critical Elements for Senior Executive Service Performance:

1. Leading Change

2. Leading People

3. Business Acumen

4. Building Coalitions

5. Results Driven

2025-02-25 — OPM Memo – New Senior Executive Service Performance Appraisal System and Performance Plan…

New Critical Elements for Senior Executive Service Performance:

1. Faithful Administration of the Law and the President’s Policies

2. Government Efficiency

3. Merit and Competence

4. Holding Others Accountable and Treating Them Fairly

5. Achieving Organizational Goals

Faithful Administration of the Law and the President’s Policies. This is the most critical element for reviewing the job performance of someone who serves under the elected President. All senior executives must clearly and demonstrably execute congressionally-authorized tasks pursuant to the leadership and executive authority of the President. Faithful administration of one’s role in the Executive Branch requires commitment to the principles of the Founding, including equality under the law and democratic self-government. Senior executives must demonstrate specific results that align with and advance the President’s specific policy agenda.

For agencies with five or more executives, no more than 30% of total ratings shall be Level 4 or Level 5, unless the President waives this provision by certifying that the performance of the agency’s executives was outstanding during the relevant time period*

*This requirement will only become effective after OPM has completed rulemaking to revise 5 C.F.R. § 430.305(a)(5). Until that rulemaking is completed, agencies should treat the 30% cap on Levels 4 and 5 as general guidance for ensuring “performance evaluation results that make meaningful distinctions based on relative performance,” 5 C.F.R. § 430.405(b)(1)(iii), and not a hard-and-fast rule or requirement.

Reading between the Edicts – Independent Agencies

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New series here. No opinions. No commentary from me. Just quotes from recently released directives that caught my attention. Maybe they’ll trigger something in your mind too.

First up is an Executive Order related to Independent Regulatory Agencies. I encourage you to read the order in its entirety in addition to reading the excerpts below.

2025-02-18 — Executive Order – Ensuring Accountability for All Agencies

“Agency,” unless otherwise indicated, means any authority of the United States that is an “agency” under 44 U.S.C. 3502(1), and shall also include the Federal Election Commission.

The Director of OMB shall establish performance standards and management objectives for independent agency heads, as appropriate and consistent with applicable law, and report periodically to the President on their performance and efficiency in attaining such standards and objectives.

No employee of the executive branch acting in their official capacity may advance an interpretation of the law as the position of the United States that contravenes the President or the Attorney General’s opinion on a matter of law,…

For the Federal Government to be truly accountable to the American people, officials who wield vast executive power must be supervised and controlled by the people’s elected President.

The heads of independent regulatory agencies shall establish a position of White House Liaison in their respective agencies.