I'm afraid that they will just stop obeying court orders because there's no one to enforce them. Controlling the treasury controls everything. Elon now has the purse strings and will decide who gets funds and who doesn't.
The American Bar Association is a voluntary organization of mostly corporate lawyers, who do things like draft a model ethics code. They do not get involved in declaring what's legal or not legal. That's for judges -- exactly what the judge did here.
Huh? It’s being issued by a judge and the court order is requiring it be provided to everyone potentially affected by the EOs and OMB memo, as noted in the document itself?
@notnamedddan.bsky.social It was not issued by a judge. It instructs agencies to comply with a court order issued by a judge. I am curious who in the executive branch is being reasonable here.
Who will enforce this? No one occupying the desks at Treasury and all agencies they invaded believes the law binds them. Only if someone gets the guts to march in and take them physically to jail, nothing will happen in time to save lives and economies.
We may have to go back to court to require enforcement of the court order, since the Executive branch will drag its feet. This order should also have been expanded to prohibit the activities of Elon Musk or those under his direction. They do not have legal authorities to do anything...
I've wondered if it will be expanded. The Musk coup happened (or became known) after the pleadings in this case were filed, and mostly after the judge wrote this order. We'll see tomorrow what happens.
If the government follows the guidance than yes, but it appears Musk is claiming that they're just flagrantly violating it. Also, the wording of the guidance would seem to cover USAID, but we know they've shut that down.
A few notes:
(1) The guidance appears not to be limited to the specific executive order affecting OMB. Note the use of the plural in (1) “executive orders.”
in principle, judges issue contempt orders, and (eventually) federal marshals arrest those in contempt. except the marshals service, while operating for the judiciary, is still part of the executive branch, so Trump will simply fire them
Ok but Ben, what’s going to make them comply to it? I’m seriously wondering and concerned that the Trump admin just simply will ignore this. What’s to stop them from doing that?
The foreign aid freeze happened on Jan. 24, well before the OMB memo. The order in the lawsuit only applies to funds for the “States” who brought the lawsuit.
It's standard in urgent situations like this for a court to issue a quick temporary order, and then allow fuller briefing and argument before considering making it permanent.
DT and EM ignoring court orders and the constitution is not official duty... if the Supreme Court has a problem with that then they must be removed as well
So tomorrow morning we get to find out if Trump/Elon will comply. If they don't I guess we get to find out who the US Marshall's support and then on from there.
The Court can do it. But that may be another order. It already appears that Musk and his minions have violated Federal statutes as well as procedures. The Court can have them charged and bound over for trial...
I'm thinking lower level. Say, Judge Chutkan's level. It will have to get to the level of the Supremes and that's a couple of steps and a whole lot of time before Musk and his minions will be in the clear...
Now we need one that enjoins Doge and its associates from accessing Government databases with sensitive information with going through the normal channels of Congressional approval or clearance.
The “guidance” in section 3 is garbage. What they say is NOT what the court said. It’s their “spin” on it. Basically just inviting them to follow the rescinded bulletin.
Does this not apply to Musk's shenanigans shutting down programs because he's acting independently and not as the result of an EO or the OMB guidance? That would be insane.
This suit was brought by I believe all 22 Democratic AGs representing their states, in a consolidated joint effort. There's no need for separate suits in each state.
Why can President Trump not simply ignore this court order - SCOTUS has confirmed that all official actions taken as President are immune from prosecution?
That’s not accurate. SCOTUS said that official actions of the President are not subject to criminal prosecution. The President still must comply with court orders. And so must everyone in the Executive Branch- none of whom have any immunity.
Thanks for clarifying - what is the punishment for non compliance - I am from the UK, here only criminal prosecution can result in imprisonment? Only impeachment can remove him from office so what happens if he ignores the court in practice?
This is all well and good, but court orders are only as effective as the people willing to enforce them. It appears no branch of government thus far is willing to challenge or rein in FOTUS' illegal executive orders.
This is nice and all, but Elon has total access to the treasury department and I doubt he’s going to listen to the law and stop. If this isn’t physically enforced, it’s meaningless.
problem is 'ignore the courts' is in the Project 2025 and techno-fascist playbooks. Musk is bragging right now about all the payments they're just shutting off as his team does word searches for things they don't like.
#3 is a bit concerning as it leaves discretion up to individual agencies. So what about the agencies already under Trump lackey control?
.
It says agencies must abide by preset policy, but...is this not a viable out for Trump?
The installed hard drives are for Voter Suppression. They send you a letter two days before Election Day stating you aren’t eligible to vote and must go in person to verify. the line is 5 hours long. If you eat or drink pulled out of line.It happened in 2024 in Georgia USA
Not directly. They can still cancel agency policies and forbid federal workers from observing Black History Month. But if Congress authorized money for any state/local or third-party DEI initiatives, it says they have to pay up.
Also worth noting that, at least in theory, federal civil rights and anti-discrimination law still applies to government agencies whether they have internal policies promoting inclusiveness or not. But I wouldn’t hold my breath expecting those laws to be followed.
Agreed. Attempting to enforce anti-DEI policies would naturally trigger protections under applicable civil rights laws. Sadly, that's going to involve more protracted, combative litigation.
what is the most important currency today ? Data. Musk now has access to the largest trove of US data & will monetize it - sue Musk & Trump / Vance personally and the US government for breach of privacy, theft of data, violation of law and contracts & attach their personal assets - sue for trillions
Meanwhile on Twitter, Musk, who is now apparently in control of government payment logistics (?), claims to have already stopped payments that HE deems inappropriate. Do those accounts still exist? Who will enforce this order?
The news isn't reporting it, but the government is still holding funds and not paying grant contract reimbursements. I was glad to see this memo yesterday afternoon.
There have been multiple orders by the courts but there is a lot of reporting that suggests the Trump administration (including Musk) is simply ignoring those orders. What happens now?
Then Musk's minions should be escorted from every building they attempt to set foot in. And they should not be allowed access to any Federal property (which would include equipment as well as buildings). At some point, Musk will have to decide if he is part of the government or outside it...
I realize that. In my own little naive way... I pray there are some that still take their job seriously...and defend the Constitution...not someone involved in a hostile takeover.
He’s….not confirmed by the senate, not elected, and I don’t think he’s taking a government paycheck directly or through contract. He isn’t a merit hire (normal hired employee.)
He’s just a busybody Trump has running around best I can tell that he just handed whitehouse credentials too. 🫠
It’s just a guy monkeying around with payment systems he doesn’t understand, digging into federal data, and taxpayer PPI and apperently saving it to private servers.
What in other terms we normally call a massive cyber attack.
But DOGE is not a federal agency, and it is not even clear if these are federal employees. So will they argue that they are excluded from this court order while they continue to disrupt treasury payments?
They are acting under supposed authority from Trump. And the Treasury Dept. is charged with complying with the order, instead of handing Musk the keys to the server. One way or the other, Musk can't argue he's not affected. (He may try, but he'll lose.)
Trump will pardon all of them but that process still needs to happen. They all need to be daylighted. And feds or “fed operatives” need to know that they too will face prosecution for breaking the law, even if they too eventually get pardoned
For those of us non-lawyers who are computer ignorant and can't enlarge the print to actually read this, can anyone give me a Cliff Notes version of what it means and what is most important?
While I was interested in reading your post, there was no clue in your introduction and I was not able to easily expand and read the guidance. So I currently have no idea what you are posting. I tried.
With the Muskovites at DOGE gaining access to the Treasury payment system that processes said payments, it is likely that they will either a) watch all the folks who process the payments and fire them or b) prevent the processing of payments in defiance of the order. Much more to come, I think.
They were sending copies of everything to the cloud..another tech bro was diecting them yesterday.,..the money is gone, I'll guarantee. $3Trillion come on do you think they are going through all this and not rob the bank?
I think it's clear that we are headed for a full blown Constitutional crisis, when the Trump administration almost certainly starts ignoring adverse court rulings. Vance has already quoted Andrew Jackson in that regard.
Vance was warned in Roberts year end review...Watch his step because Roberts was not going to let him disespect the court and ignore any law...we knew he meant Vance he was the only oine that kept saying that trump did not have to follow any court orders..
Never said it but he throught "immunity" trump ould do anything he wanted...
I would be to worried about SCOTUS, they will recind the trump v The US...They won't let musk or trump steal $3 trillion out of the Treasury..Maybe Uncle Clarence and Alito would but none of the others would..
This. 'Ignore the courts' is literally the next step in the techno-fascist playbook they've been writing for a decade. Step 1: Campaign on Autocracy. Step 2: Purge the Bureaucracy [you are here]. Step 3: Ignore the Courts. Step 4: Co-Opt the Congress. Step 5: Centralize Police & Powers.
Step 6: Shut Down Elite Media and Academic Institutions
Step 7: Turn Out the People [all the J6ers, Proud Boys, III%, Patriot Front, etc etc. Trump's vigilante army]
Ow we just need the court order that forces Musk to give back access to OPM and Treasury systems back the the people who are actually supposed to be there. When are those cases hitting courts? Anyone?
We, the people, must rise courageously and stand against the constitutional crisis that endangers our supreme law. Sign now to unite for justice and democracy!
I respect your decision—everyone has a unique path to making a difference. Boycotts are powerful, and every action contributes to change. Your choice matters, and I appreciate your perspective.
If you only knew I cuss like a sailor and not always polite!
So let me introduce you—
I don’t know who the fuck you think you’re talking to so change your fucking tone when you speak to me and don’t be an asshole and aim your rage in the right direction bc it sure as shit isn’t this direction!
This petition firmly demands that Congress take action to disqualify him. Private citizens and states have limited legal avenues to pursue this matter effectively.
Unfortunately, in Trump v. Anderson (2024), SCOTUS ruled that states cannot enforce Section 3 of Article 14 against federal candidates;
this enforcement is left to Congress or federal action.
Private parties or government entities can file lawsuits or writs of quo warranto to challenge eligibility, which federal courts can adjudicate. Judicial enforcement of Section 3 requires enabling legislation or clear congressional intent.
The pardon power is of no use in a civil case testing the validity of EOs. It's important to get good lower court rulings, and not assume that SCOTUS will always rule for him. They didn't in 2020-21.
Federal employees - Preserve any and all records (leave, pay, health care) which show your employment status. Contact your Union rep and join any Class Action Lawsuit to fight illegal personnel actions.
by FOTUS!
This is a good first step. But there are other problems like Trump laying off 1400 USAID contractors & barring external communications so grantees don’t know who to talk to!
Does this allow individual agencies to continue freezing funding as long as it’s under their initiative and authority? If so, is this a wink-wink/hint-hint move to continue freezing funding under a decentralized guise?
Only under preexisting laws and rules, as I read this. For example, if getting the 2dQ payment requires that you first provide a report on your 1stQ activities, and you didn't send that in, they can hold up that 2dQ payment.
We need one SPECIFICALLY for Muskrat to cease and desist with this BS Doge heist at the Treasury Dept. Lock him out of all government buildings. Arrest him if he defies orders. If not, good luck retrieving the $$ he will launder. 😡
Who wrote the guidance? The judge or a clerk? Appears broader (to my untrained eye) than the underlying TRO. TRO seems to apply only to financial assistance to the States.
But who will enforce the order? Musk directs a/b/c not get paid… then what? No FBI, no DOJ, no court enforcement resources …not even a military to count on. I just don’t see how this order ends up sufficient
What people are hearing FROM THE WH PRESS SEC is that "the order is rescinded" but she has nothing to say about the actual FUNDING BEING 'turned back on', for want of a better term
Meanwhile, Elon is literally looting the Treasury https://www.wired.com/story/elon-musk-government-young-engineers/
Comments
Will the American people, including Congress FFS, realize we are own a Constitutional crisis.
Plus the rule of law appears to be suspended making all of our principled responses meaningless. Where’s the damned ABA in all of this?
sorry - i'm not great with acronyms, yet.
thank you.
just making sure ii haven't lost my black humor.
truly, thank you. 🎇
Had to be DOJ, right?
Like fining him will work?
https://bsky.app/profile/qjurecic.bsky.social/post/3lh7bohax5c2o
(1) The guidance appears not to be limited to the specific executive order affecting OMB. Note the use of the plural in (1) “executive orders.”
https://bsky.app/profile/bubbaprog.lol/post/3lh77ekgdas2h
Whoever wrote it—and I have no idea who that may be—an American hero.
https://www.yalejreg.com/nc/what-happens-if-or-when-the-federal-government-disobeys-a-court-order-by-david-c-vladeck/
What a blessing to live in interesting times.
Yet they have already shown their utter contempt for precedent. Expect this and any similar pushback … however lawful … to be ignored.
We are in dire times.
Judges rarely show outrage in their orders, and if they did, it could be grounds for reversal. This wording is as clear and strong as it gets.
Media coverage of this is poor. They say the freeze was rescinded - it was not! The omb memo told agencies to consult with their own attorneys.
It seems ignoring supreme court decisions are ineffective. Except for civil rights type orders
.
It says agencies must abide by preset policy, but...is this not a viable out for Trump?
There is nobody to stop him.
He’s just a busybody Trump has running around best I can tell that he just handed whitehouse credentials too. 🫠
What in other terms we normally call a massive cyber attack.
https://bsky.app/profile/ericjgeller.com/post/3lh7gaxnia22u
Controlling the funds is a big lever. If agencies can’t access their funds, then the law suit was looking the wrong way. And another will follow.
Who will enforce it?
Plus any Federal crime, Trump can pardon.
If the DOGE people Do Not Comply with the recent rulings to UNFREEZE federal spending
and DOGE freezes funds from the US TREASURY DEPT side…is that
a federal civil charge or
a federal criminal charge
for the DOGE boys?
I would be to worried about SCOTUS, they will recind the trump v The US...They won't let musk or trump steal $3 trillion out of the Treasury..Maybe Uncle Clarence and Alito would but none of the others would..
Step 7: Turn Out the People [all the J6ers, Proud Boys, III%, Patriot Front, etc etc. Trump's vigilante army]
https://sign.moveon.org/petitions/constitutional-crisis?source=bluesky-share-button&share=d9488cdf-2cf0-498d-a1a6-09aad1445c1b
BOYCOTTS ARE THE ONLY NON VIOLENT ACTION THAT MAKES SENSE NOW.
Stop being so goddamn polite.
you sound like A.I.
So let me introduce you—
I don’t know who the fuck you think you’re talking to so change your fucking tone when you speak to me and don’t be an asshole and aim your rage in the right direction bc it sure as shit isn’t this direction!
Unfortunately, in Trump v. Anderson (2024), SCOTUS ruled that states cannot enforce Section 3 of Article 14 against federal candidates;
Private parties or government entities can file lawsuits or writs of quo warranto to challenge eligibility, which federal courts can adjudicate. Judicial enforcement of Section 3 requires enabling legislation or clear congressional intent.
Are they fined? Charged with crime? Prosecuted? Jailed?
by FOTUS!
#JudgesDontCountIfTheyreAgainstMeOnlyForMe
#Sad
God help America bc your felon47 has given your treasury over to a Nazi. I suggest you all wake the hell up!
Meanwhile, Elon is literally looting the Treasury
https://www.wired.com/story/elon-musk-government-young-engineers/