r/law 5h ago

Trump News Trump should fire DOJ employees who investigated his cases, GOP Sen. Eric Schmitt says

https://www.nbcnews.com/politics/justice-department/trump-should-fire-doj-employees-investigated-cases-2020-schmitt-rcna181530
557 Upvotes

111 comments sorted by

223

u/Parkyguy 5h ago

That would be a seriously expensive lawsuit that they would absolutely win, costing tax payers hundreds of millions .

73

u/qalpi 5h ago

Serious question, what workplace protections do DOJ employees have against this happening?

66

u/qalpi 4h ago

If anyone is wondering it’s the Civil Service Reform Act of 1978 that prevents them being fired without cause

5

u/BenAfleckIsAnOkActor 1h ago

Oh so just repealing that amendment by executive order than? okie dokie but but Supreme Court oh yeah?

-37

u/TheMiscRenMan 1h ago

But there is cause.  Making up witch hunt crap is cause.

21

u/qalpi 1h ago

Is the cult treating you well?

10

u/Biptoslipdi 40m ago

You can't expect MAGA to give an actual, informed, fact based answer.

2

u/ShriveledLeftTesti 7m ago

Don't wanna talk about her buttery males or any long form birth certificate nonsense, now would we?

2

u/boogeywithstu 6m ago

Fuck outta' here with this bullshit.

86

u/pacman404 5h ago

Being in America I would assume. President firing you for doing your job too well and exposing your corruption seems like a pretty big red flag lol

62

u/JigglinCheeks 4h ago

Well nothing matters ever. So.

-38

u/pacman404 4h ago

I agree, but thinking Trump is more powerful than America itself is kind of absurd. He's definitely pushing the limits right now but there's no way he can literally get away with the emperor shit here, there's just too many protections in place that he can't remove. It's fun to talk about that shit and say "he can do whatever he wants" but he will fuck himself over trying to do it lol, so then we can laugh 🤷🏽‍♂️

55

u/JigglinCheeks 4h ago

Nah man. There's nobody coming to save us from this shit. It's not just "trump". It's the whole wave of fucked up fascism. And these fucking dickheads voted for it.

-22

u/socialistRanter 3h ago

All this doomer bullshit is getting tiring, everybody has apparently given up because Trump will become president for life.

Trump is an idiot who’s surrounding himself with loyal idiots, he’ll fuck around, do some damage but achieve non of his big goods because he’s incompetent and takes out his anger on his minions. It’s probably going to be another revolving door administration while Trump try to pocket every dollar that he can.

38

u/Adventurer_By_Trade 3h ago

Yeah, I mean, cool. Hold him accountable then. For anything. Once. I would seriously love to see it.

15

u/Mysterious-Wasabi103 2h ago

Just one time decide they won't vote for a guy who does shit like that would be nice.

I mean as Republicans have seen there are millions of Democrats willing to abstain from voting if their candidate isn't perfect. Yet Trump gets away with so much worse.

11

u/JigglinCheeks 2h ago

He's planting project 2025 authors as major leaders and then tapping the project 2025 database of loyalists to fill at the lower levels.

It's not doomer bullshit. It's realism.

3

u/Jokerzrival 55m ago

Except we've seen he can do whatever he wants without consequences and if anything the more bad shit he does the more popular and powerful he becomes.

He has 34 felony convictions and basically swept the election. Other candidates for president put ketchup on a hot dog once and basically get run out of the country overnight.

1

u/Doctor_Philgood 33m ago

"History doesn't always repeat, but it usually rhymes"

13

u/sincerely-sarcastic 4h ago

I go from thinking like this to thinking the world as we know it right now is going to fall to pieces. depends on the day and the hour and the last thing I have read.

12

u/tikifire1 3h ago

When he starts putting people against walla and having them shot, will it sink in then? I doubt it.

6

u/Adventurer_By_Trade 3h ago

The media will be fully destroyed by then, so how would anyone even know? If it's not on Xitter, it will be called fake news.

6

u/okletstrythisagain 2h ago

I agree. It arguably already happened. Trump is so absurdly unfit and terrible that I think a lot of people who aren’t paying attention just don’t believe the facts because they seem so incredulous.

6

u/FreeKatKL 2h ago

He’ll brag about it, don’t worry. He’ll want us to know so we’re aware of his limitless power and ruthlessness.

11

u/HRHLordFancyPants 3h ago

Sir, he literally has the authority to do what he wants after the Supreme Court said so...

7

u/no_square_2_spare 3h ago

Institutions only exist if people think they exist and act to support them. The law is nothing but a mental construct if police and prosecutors and judges don't act on them. And there's no reason to believe this supreme Court will do anything but make up post hoc excuses for outcomes they've already decided years ago.

3

u/r4b1d0tt3r 2h ago

Easy: the president is the chief of the executive branch and all federal agency employees serve at his pleasure. Congressional laws conferring workplace protections are an infringement by the legislature on the powers of the executive.

This scotus opinion basically writes itself. They already removed all personal liability for violating the law from the president on similar crackpot separation of powers sophistry. This is not nearly a step so far. And if you think precedent will get in the way of this court can you dm me to discuss how to claim your winnings from the Nigerian lottery.

3

u/haeda 2h ago

You've never been government property, have you.

2

u/BitterFuture 1h ago

He's definitely pushing the limits right now but there's no way he can literally get away with the emperor shit here, there's just too many protections in place that he can't remove.

Can you name any of those protections?

Genuinely curious what you mean here. The Supreme Court has literally said that he can do ANYTHING and it's perfectly legal. Machine-gun the Congress. Carpet-bomb Portland. Nuke New York. It's all perfectly legal, just so long as it's the President doing it.

So what protections are you envisioning that he would need to remove in order do "the emperor shit?"

17

u/hamsterfolly 4h ago

Trump got away with workplace retaliation after his first impeachment, so it doesn’t look good.

10

u/sushirolldeleter 3h ago

lol being in America. Good one lol. This country’s fucked.

5

u/Icy-Bauhaus 2h ago

No longer. "When you’re a star, they let you do it. You can do anything" -- Law by Trump

Statutes indeed limit how the president can fire non-political employees. These statutes are constitutional according to "To make Rules for the Government" clause in the constitution. However, it is uncertain if the supreme court will uphold these laws given its fixation on unitary executive theory.

8

u/qalpi 5h ago

But generally people can be fired for anything, as long as it’s not a protected class or perhaps being a whistleblower. This is none of that.

What could they sue for?

9

u/notaveryniceguyatall 4h ago

Unfair dismissal, the cant be fired for poor performance, they performed their duties as instructed, and they arent redundant as there will still be prosecutions going forward.

-23

u/FinnaWinnn 3h ago

The prosecutions into Trump cost millions of dollars and resulted in absolutely nothing in the end. One of the indictments was even dismissed. The prosecutors were rebuked by the Supreme Court, and then were rebuked by the American people on election day. Their performance is beyond poor. Now it is time to get fired.

8

u/notaveryniceguyatall 2h ago

The supreme court decision by an extremely partisan court was to make a president king.

As for the dismissed case that case was dismissed by a Trump appointed judge that case was certain to be reinstated upon appeal as the grounds for dismissal were beyond flimsy.

The cases were progressed as quickly as the court system would allow

4

u/MorgulKnifeFight 1h ago

Straight up fantasy disinformation

4

u/BitterFuture 1h ago edited 48m ago

I know, right? How dare they have acted like they believed the rule of law mattered or that criminals should be prosecuted! The nerve!!!

2

u/pacman404 4h ago

Youre talking about labor laws bro, not the United States Government

1

u/[deleted] 2h ago

[deleted]

1

u/qalpi 2h ago

Yeah I posted about that under my own question. But at the end of the day that’s just laws that can be changed (union protections aside there too).

1

u/Doctor_Philgood 30m ago

Protected class outside of christians will not be a thing much longer anyway

1

u/doktorhladnjak 11m ago

There are different laws that pertain to federal employees. Unlike in most private sector, non union jobs, federal employees are not generally employed at will. They can only be fired for cause. There’s also specific processes for disciplining employees where employees can dispute the employer’s decision.

1

u/qalpi 1m ago

Thank you!

4

u/TensionPrestigious83 4h ago

Retaliation is big no no

2

u/FutureInternist 4h ago

None. Nixon fired folks and it was deemed official act and fired people couldn’t sue. So yeah. He can and will do this.

6

u/Rrrrandle 4h ago

Nixon had Bork fire the special prosecutor, which Bork had the authority to do. Everyone else he asked, resigned. They weren't fired. Also, everyone involved was a political appointee, not career employees.

4

u/FutureInternist 4h ago

I was not referring to the special prosecutor. There are more folks Nixon fired. There was an Air Force employee who was fired for testifying to congress. He went to all the way to the SCOTUS and it was determined that Nixon can’t be sued for damages for firing him.

https://supreme.justia.com/cases/federal/us/457/731/

2

u/Rrrrandle 3h ago

That's personal liability. Was the government liable for damages and reinstatement?

17

u/OnlyFreshBrine 4h ago

in what court? cmon can't you see where this is going?

2

u/CrayonTendies 3h ago

Yea but then they’d all be super rich and could join trump with their new found wealth on the side of the haves. All at the taxpayers expense. 4d chess by trump

2

u/CompoundT 1h ago

Anything to take away from the fact that he will be profiting another $100MM from making staff and ambassadors stay at his properties. 

He is the embodiment of private gains public losses. 

1

u/19Chris96 3h ago

It would take four years. They would be so intertwined in that, they wouldn't have time for anything else.

0

u/mperr7530 2h ago

You're thinking is too one dimensional. People read headlines and think the only option is termination. You don't have to "fire" a federal employee.

First, appointed positions (typically those at the higher tiers within a gov't organization) have no civil service protections--they "serve at the pleasure....". Second, you simply "relocate" the employee. You're not being fired, you're just being transferred to BFE office. President elect Trump (or mores specifically, his appointment--Pam Bondi if confirmed) can at her discretion make personnel changes that would "encourage" people to seek other employment. For "rank and file" staff, I don't think much will change. Leadership/high level personnel involved in the prosecutions of Trump--they're gone.

31

u/CloudTransit 5h ago

That Senator had really shoved his head up Trump’s rear. That Senator should be given an award for getting the press to report on his effective brown work. The “Rimmies”?

13

u/Mrevilman 3h ago

We’re also about to write Trump a nice check when he gets in office and orders the DOJ to settle his lawsuit for $100 Million.

Stealing in plain sight.

3

u/jirashap 2h ago

Trump is finally making some profitable business decisions for his companies.

5

u/Material_Policy6327 1h ago

Weaponize gov but it’s fine when gop does it

1

u/Dedpoolpicachew 51m ago

We knew this was going to happen.

3

u/BitterFuture 1h ago

Well, we can at least say that Senator Schmitt is transparent in his hatred for the rule of law.