The Federal Government Is Down-Sizing
We believe this is a good thing.
Feds for Freedom (F4F) is an organization whose members primarily consist of federal insiders opposed to government overreach. Our members have proven they will fight for accountability when our government violates the law. We hold conservative values, which includes a desire for fiscal responsibility and limited government. President Trump seeks to deliver on the promise of a transparent and accountable administrative state, and as an organization, we whole-heartedly support those noble goals. Many programs, offices, and personnel may be cut as a result, and understandably, many of our members are concerned.
We have had quite a few civil servants reach out to us, some of whom are not even members of F4F, asking if these cuts are legal.
Yes, they are.
Strategic reorganization in the name of government efficiency is radically different than targeted religious and political persecution, or the trampling of one’s medical freedom, privacy, and informed consent. F4F’s hope is that in paring down the workforce, government transparency and accountability will be the status quo and that the unelected, administrative state will be brought to its knees.
This administration thoughtfully crafted DOGE so that it was created within the legal limits of the executive office. It also enjoys legislated authorities permitting financial and IT oversight. DOGE is a repurposed federal department originally created in 2014.
In 2014, President Obama created United States Digital Service (USDS) to fix problems with the Affordable Care Act web portal. The USDS has already been funded and the executive order creating DOGE ensured that DOGE kept the same name: United States DOGE Service. The thing that changed was its mission: root out inefficiencies, fraud, waste, and abuse.
The order invoked 5 USC 3161, which allows for temporary hiring authorities, and 44 USC Chapter 35, which authorizes and governs federal IT oversight. DOGE may seem like an easy target for litigation, but given its funding is already in place and it’s tight mission focus, successful legal challenges appear unlikely. (Summary of X post from Thomas Renz)
A strategic reorganization of the government to better serve the American taxpayer is radically different than the Biden administration’s targeted persecution of ideological opponents, or attacks on individuals expressing religious, ethical, and scientific opposition to COVID policies. F4F’s hope is that in paring down the workforce, government transparency and accountability will become the new normal and that the unelected, administrative state will be brought to its knees.
We understand that some federal employees may be looking for jobs in the private sector. Some have whole-heartedly embraced the opportunities afforded with the fork in the road proposal. Seven months of paid administrative leave to carefully explore what comes next is rarely offered - even in the private sector. I would expect offers related to early retirement to start taking shape as well. We want to encourage you … there is life outside the government realm, and you should go boldly where you have not gone before.
Life is an adventure!
One word of caution if you chose to take the deferred resignation. The fine print in that resignation plan disallows future litigation. It also appears to indicate that if you are engaged in litigation against the federal government, one must drop that litigation and all future cases. Please consult your personal lawyer if you have decided to take the Fork in the Road.
If you choose to stay, you may find yourself in an office or department being cut for fiscal reasons. If you were working in a DEI position, you may have already found yourself put on administrative leave. These cuts are real and our fight over vaccine mandates will not immunize our members from surgical removal of infected tissue. We must all help each other ensure we are productive members of the workforce. Network with your F4F colleagues, identify opportunities, and make a move to a sister office or another more stable federal position if you are concerned about your own.
The administration will also be looking to cut federal employees who are not meeting standard. If you believe you have been unfairly given poor performance ratings related to your opposition to vaccine mandates, we can’t emphasize enough how important it is that you document your concerns formally, well before adverse personnel actions occur. If you feel like you have been targeted, please file an EEOC complaint. There are federally-mandated time frames for filing of various grievances: EEO, Merit Service protection Board (MSPB), and Office of Special Counsel (OSC). Our chat groups offer good advice on how to navigate those complaints. Please consider joining as a member if you would like to avail yourself of the resources and experience of our organization.
We will not be organizing class action EEOs related to this issue, but we will offer resources, advice, and also help you find individual legal counsel if needed or requested. Unfortunately, most employment law is not/not pro bono.
We also know that some will be traumatized by the possibility of another unanticipated life event. Many of us have been living with that trauma for the better part of three and half years. We have several podcasts that have addressed trauma, moral harm, and PTSD and would encourage you to take a listen. The experiences that led to psychological harm may be different from yours, but the healing path will be similar.
Stay calm, stay focused, and stay on mission. That is the best way to navigate your personal situation, whether that leads you into a new career or the USG retains the benefit of your continued work ethic, moral clarity, and experience.