According to the Heritage Foundation, leftists “hate” and are “terrified” of Project 2025, which aims to make sure that federal officials would carry out policies of a more conservative and constitutionally minded president. But Congressman Gerry Connolly (D-VA), said: “I applaud President Biden and his administration for their commitment to protecting the merit-based civil service and preventing a return to Donald Trump’s disastrous Schedule F proposal.” FedManager said on 4.9.2024: “OPM [Office of Personnel Management] Issues Final Rule to Protect Federal Employees from Schedule F.” “This final rule honors our 2.2 million career civil servants, helping ensure that people are hired and fired based on merit and that they can carry out their duties based on their expertise and not political loyalty,” said Office of Personnel Management Director Kiran Ahuja. Put differently, the changes made by this new rule could allow millions of federal workers already in place to stay if the next administration happens to be that of deposed President Donald J. Trump. “This [OPM] rule is a step toward combatting corruption and partisan interference to ensure civil servants are able to focus on the most important task at hand: delivering for the American people,” Biden said. Translation: partisans already in place in the vast federal bureaucracy could resist the next Trump Administration as some purportedly did in the first Trump term.
Left-leaning Bing’s artificial intelligence (AI) powered Copilot responded to the following inquiry by MHProNews as shown.
This new policy isn’t a matter of law, it is administrative, correct? Can’t Trump – if elected – undo this plan with an executive order?
Indeed, the changes made to Schedule F by the Biden Administration are administrative rather than legislative. Let’s explore this further:
- Legal Basis:
- The original Schedule F appointment was based on a section of the Civil Service Reform Act of 1978 (5 U.S.C. § 7511 (b) (2)).
- This section allows for the exemption of federal employees from civil service protections if their position is deemed to be of a confidential, policy-determining, policy-making, or policy-advocating character1.
- Trump’s Executive Order:
- In October 2020, the Trump Administration introduced Schedule F through an executive order.
- It aimed to reclassify career federal employees in policy-related roles, making them at-will workers and easier to terminate.
- However, President Biden swiftly rescinded this executive order upon taking office in January 20212.
- Biden’s Final Rule:
- In April 2024, the Office of Personnel Management (OPM) issued a final rule to safeguard the civil service from the potential return of Schedule F.
- This rule provides defined protections for 2.2 million federal employees and makes it difficult for future administrations to reintroduce Schedule F.
- It reinforces the rights of employees as envisioned by Congress when enacting the Civil Service Reform Act2.
- Can Trump Undo It?:
- If Trump were to be re-elected, he could theoretically issue a new executive order attempting to revive Schedule F.
- However, the OPM’s final rule strengthens protections and appeals rights for career civil servants, making it more challenging to reapply Schedule F.
- The rule is a direct response to the Trump-era order and aims to ensure a strong, nonpartisan civil service2.
In summary, while administrative actions can be reversed by subsequent administrations, the OPM’s final rule fortifies protections and makes it less likely for Schedule F to resurface23. However, the legal landscape remains dynamic, and any future changes would depend on the political context and legal processes. …”
Translation: there would likely be lawsuits and the courts will have a say over what occurs should a second term for President Trump be the outcome of Election 2024.
In the backdrop of this drama over Schedule F is Project 2025. With Trump leading Biden in some 85 percent of recent polls, the fear of Trump 2.0 being more efficient at achieving its agenda than Trump 1.0 is real. MHProNews previously reported on Project 2025 and its potential importance for the industry and others seeking reforms in the federal government, see the articles linked below.
According to Heritage: “Radical leftists are terrified…and they should be.”
In a new document, Heritage elaborated by saying that: “They’re [i.e.: leftists are] terrified of Project 2025, The Heritage Foundation’s policy and personnel plan for the next presidential administration.”
According to the libertarian Cato Institute, deposed President “Trump, now running against Biden (again) to return to the Oval Office, has made reinstating Schedule F and remaking the federal bureaucracy (and retaliating against some of its occupants) one of the top themes of his campaign. “Either the deep state destroys America, or we destroy the deep state,” he said at the first major rally of his current campaign, a vow he has repeated ever since.”
Cato also said: “Three months before the end of his presidency, Donald Trump quietly issued Executive Order 13957, allowing the conversion of some federal civil service jobs to excepted service under a new classification, Schedule F. If a position was reclassified, the president could fire its occupant at will and install a successor without going through the civil service hiring and placement process. Trump issued the order after years of complaining that a practically conspiratorial federal bureaucracy was obstructing his agenda. His successor, President Joe Biden, rescinded the order two days after taking the oath of office in early 2021.”
Put simply, the new Biden rule could allow loyalists to Democrats a way to resist a second term for Trump, even if Trump wins. That’s part of the battle for the future of America.
Part I – From Heritage’s “Five Reasons Leftists Hate Project 2025”
Heritage quoted several headlines from left-leaning publications and personalities as follows.
“A dangerous tool for wrecking the government” – MSNBC.
“Unprecedented power grab.” – Axios.
A “plan to radically change the form of government we have in the United States.” – Rachel Maddow.
“A terrifying concept.” – Joy Reid.
“Frightening.” – Joe Scarborough.
“A radical plan.” – Axios.
“A dark right-wing network recruiting a MAGA ‘army'” – Salon.
According to Heritage: “Project 2025 will dismantle the deep state.”
“The radical Left needs the deep state to maintain its iron grip on power. In the deep state, unelected leftist bureaucrats enact destructive, left-wing policies—independent of the legislative process.”
“The Left derives its power from the institutions they control. But those institutions are only powerful to the extent that constitutional officers surrender their own legitimate authority to them. Project 2025 will restore this legitimate authority and dismantle the deep state.”
Heritage explained it like this.
When the American people vote out leftist politicians and replace them with conservative candidates, the deep state charges ahead, continuing its leftist agenda and preventing any attempt at conservative policy reforms.
Project 2025 will dismantle the deep state from within and restore self-governance to the American people by:
- Firing supposedly “un-fireable” federal bureaucrats.
- Closing wasteful and corrupt bureaus and offices.
- Eliminating woke propaganda at every level of government.
- Restoring the American people’s constitutional authority over the administrative state.
- Returning governing power to the Congress and President instead of unelected bureaucrats. …”
Heritage asserts that beyond dismantling the Deep State, the following will be the outcome from implementing Project 2025.
- Project 2025 will end America’s border crisis
- Project 2025 will restore the American family
- Project 2025 will reject climate hysteria
- Project 2025 will stop socialism in its tracks
Regarding the last point above, Heritage elaborated as follows.
The promise of socialism—Communism, Marxism, progressivism, Fascism, whatever name it chooses—is simple: Government control of the economy can ensure equal outcomes for all people. The problem is that it has never done so. There is no such thing as “the government.” There are just people who work for the government and wield its power and who—at almost every opportunity—wield it to serve themselves first and everyone else a distant second. This is not a failing of one nation or socialist party, but inherent in human nature.
The Soviet empire was a social and economic failure. North Korea, despite the opulence of its tyrants, is one of the poorest nations in the world. Cuba is so corrupt that its people regularly risk their lives to escape to Florida on rafts.
The radical Left wants our country to travel down this same dark path.
By contrast, in countries with a high degree of economic freedom, people work, build, invest, save, and create according to their own interests and in service to the common good of their fellow citizens.
Project 2025 will reject socialism and promote liberty by:
- Enacting pro-growth economic policies that spur new jobs and investment, higher wages, and productivity.
- Promoting educational opportunities outside the woke public schools and universities, including trade schools, apprenticeship programs, and student-loan alternatives that fund students’ dreams instead of Marxist academics.
- Advancing tax and regulatory reform, along with antitrust enforcement against corporate monopolies.
- Cracking down on the crony capitalist corruption that enables America’s largest corporations to profit through political influence rather than competitive enterprise and customer satisfaction.
- Protecting other freedoms necessary for a flourishing civil society like freedom of religion, freedom of speech, and the freedom to assemble. …”
Part II – From the Daily Signal Provided to MHProNews
POLITICS NEWS
Biden Protects Deep State Bureaucrats With ‘Anti-Democratic’ Rule
A rule promulgated by the Biden administration’s Office of Personnel Management could tie the hands of the next president in reining in the bureaucracy, as Donald Trump attempted to do.
The Biden administration is proposing a new rule that would further entrench unelected federal bureaucrats from accountability to President Joe Biden or his elected successors.
Key to the new rule from the Office of Personnel Management is the effective “grandfathering” of federal employees into their current category of employment, making it harder for a future president to issue an executive order like the one that then-President Donald Trump signed in October 2020 to rein in the bureaucracy.
A rule listed in the Federal Register, like this one was Thursday, could be more difficult to overturn than an executive order because it would have to be reversed under the provisions of the Administrative Procedures Act, one former senior OPM official said.
“If such a rule were allowed to stand, it would tie a future president’s hands—at least temporarily—in carrying out his responsibilities to make and implement his policies,” said Robert Moffit, who was at OPM during the Reagan administration and is now a senior research fellow for health and welfare policy at The Heritage Foundation. (The Daily Signal is Heritage’s news and commentary outlet.)
The president cannot run the huge federal government from his office in the West Wing of the White House, Moffit told The Daily Signal.
Some career federal employees who have civil service protection are neither impartial nor nonpartisan, he added.
“To effect his policy, therefore, the president must not only have the ability to hire political personnel who will carry out his electoral mandate, but also remove career personnel who attempt to obstruct that mandate,” Moffit said. “So, any attack on any president’s capacity to carry out the policies upon which he was elected is fundamentally ant-democratic; it is an attack on the American people who elected him.”
Among other things, the OPM’s proposed rule would clarify that “the status and civil service protections an employee has accrued cannot be taken away by an involuntary move from the competitive service to the excepted service, or from one excepted service schedule to another.”
“Once a career civil servant earns protections, that employee retains them unless waived voluntarily,” the rule says.
In October 2020, just before the election he lost to Biden, Trump signed an executive order to create a new category of federal employee called Schedule F. Personnel in this category are in confidential, policy-determining, policymaking, or policy-advocating positions that remain on the payroll when a presidential transition occurs.
The executive order from Trump, who faced resistance to his policy changes from within the federal bureaucracy, gave agencies more flexibility and oversight for career employees in critical positions that affect policy.
Upon taking office in January 2021, Biden scrapped the Trump order. The final version of the new rule would make it more difficult for a future president to reverse, because it is a regulation published in the Federal Register rather than an executive order. Undoing it would require going through a time-consuming administrative procedure.
Career federal employees enjoy civil service protection, making it nearly impossible to fire them; by contrast, political employees serve at the pleasure of an elected president.
Career federal bureaucrats tend to be overwhelmingly Democrat-leaning based on their campaign donations; federal employee unions donate between 70% and 90% to Democrat candidates. Republicans have accused some career employees of blocking implementation of Republican presidents’ policies.
Project 2025, an initiative led by The Heritage Foundation that establishes a plan for the next conservative presidential administration, calls for restoring Trump’s Schedule F as part of a broader effort to rein in the federal bureaucracy.
This has been a long-standing policy goal for Heritage, Moffit noted.
“Respecting the president’s prerogatives to have the appointees necessary to carry out policies is one of the major reasons why former Heritage President Ed Feulner strongly opposed Republican attempts to hamstring Democratic President Clinton and reduce the number of his political appointees,” Moffit said.
“Political appointees can formulate the details of the president’s policies and see to it that they are implemented all the way down the chain through departments, agencies, subagencies, and bureaus of the federal government.”
Biden’s Office of Personnel Management issued the final rule Thursday, asserting it received 4,000 comments about it, and said the rule would be published Tuesday in the Federal Register.
“This final rule honors our 2.2 million career civil servants, helping ensure that people are hired and fired based on merit and that they can carry out their duties based on their expertise and not political loyalty,” OPM Director Kiran Ahuja said in a public statement. “The Biden-Harris administration is deeply committed to the federal workforce, as these professionals are vital to our national security, our health, our economic prosperity, and much more.”
According to the OPM press release, the new rule also would clarify that the phrase “confidential, policy-determining, policymaking, or policy-advocating” refers to positions that are noncareer, political appointments.
The rule also would establish procedural requirements for moving positions from “career” to “political,” and set up an appeals process for employees.
“Career officials are obviously crucial in the implementation of presidential policy,” Moffit told The Daily Signal. “Those of us who served in presidential administrations all have war stories, however, about how politically hostile civil servants, through various means, including intentional slow-walking or foot-dragging, can delay, thwart, or undermine the president’s policies.”
“A career civil servant who does not or will not carry out the policy of any president, regardless of party affiliation, should have the honor and the decency to resign,” he said. “They should not enjoy regulatory protection.” ##
Part III – Additional Information with More MHProNews Analysis
The following Q&A with Copilot sheds light on the point that this ‘final’ rule by the Biden regime may be anything but final.
From the Trump perspective, what are the strongest possible arguments they can use to overturn this OPM rule?