Episode Transcript
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Speaker 1 (00:00):
Well, the Trump administration kind of gave that message to
at least some federal workers. And of course, activist judges
are now getting involved. We have a judge out in
California ordering the Trump administration to reinstate probationary employees fired
at six agencies, saying the firing is and I'm quoting now,
based on a lie. Say what, yeah, the justice based
(00:23):
on a lie. Robert Vermando joins US Americans for Limited Government.
What in the world does this guy mean based on
a lie? What's the lie that it's based on. You're
a probationary worker, that by nature means that you can
be fired at any time for any reason. Right.
Speaker 2 (00:40):
Yes, For about the first year of federal service, you
are on a probationary period, and that's under federal law
five US Code, section three three to two one, where
the President can prescribe regulations to do with the probationary period.
And under the current regulation, it lasts about a year,
and you can be fired if the employee fails to
(01:01):
demonstrate fully his or her qualifications for continued employment. And
that is a discretionary decision by the managers at the
department and or agency. And these you know, these are
not layoffs. This is This is people who are have
been determined to be unqualified for whatever reason, and that
is a political question with which the agency head or
(01:23):
department head has the discretion to make in accordance with
the president's regulation, which has been in place for years
and years. It's only when President Trump actually enforces laws
that have been on the books for decades or in
some cases centuries, that suddenly we have to go through
an administrative review process at the federal courts. And that's
not the way things were supposed to work. We're supposed
(01:43):
to have the separation of powers, and that is being
violated right now by basically where their judge has gone wild,
or what I like to call the imperial judiciary.
Speaker 1 (01:53):
Yeah, well, yeah, we have a lot of activist judges
out there. This was the decision in the Ninth Circuit.
There's no there's no more liberal court system then the
Ninth Circuit. This judge is out in California. We have
another judge in Maryland making a similar sort of ruling here.
So I guess you just if you're if you're the
union in this case, the union representing government employees, you
(02:14):
just judge shop right, you find, you find the right
place to put your request in, and then you you
get the results that you want. Now, what is supposed
the goal of this is because at the end of
the day, I would think at some point in time
the Trump administration wins on this issue. Is the goal
here to try to obviously delay these these firings so
(02:36):
that it gets to the point where these employees are
technically still employed, they get past their probationary period, and
therefore you can no longer get rid of them.
Speaker 2 (02:44):
I think that there's certainly a delaying tactic that is
being a current here. I'm uncertain of how the what
would happen to the probationary period in lieu of the litigation?
Does that get paused or something like that. They could
be there trying to run out the clock on and
at on a lot of other stuff, which is to
say that Trump's in his second term and so just
(03:05):
throw as much stung at the wall and see what
sticks as he can. And they're going to analyze every
single decision that President Trump is making right now and
his departments and agencies. So it's just gonna the Justice
Department's going to be very very busy. I think defending
all these actions not because they're bad action. In fact,
Trump is not acting arbitrarily. He is acting, as we
(03:26):
see in this case, in accordance with the law. When
you look at the removals under the Alien Enemy Act, well,
the Alien Enemy Act was enacted by Congress, and you
can go on down the line that every single one
of the actions that are being taken under these executive orders,
whether it's getting rid of diversity, equity and inclusion, which
(03:47):
is enforcing the Civil Rights Act, which has been in place,
you know, for work fifty years now, I think that, yeah,
we're in a situation where I think that the these
judges don't want the president to be able to enforce
the law, and they're commandeer and even the commander in
chief powers to say that they can't decide what medical
(04:09):
conditions are disqualifying in the military service. Are they kidding
they're going to create a Fifth Amendment protection for people
with dyslexia too, or someone who's got multiple personalities. I
don't think that's really wise either, but that's the direction
we're going in right now.
Speaker 1 (04:27):
You sure seems that wave, Robert, Thanks for coming on
the program. I appreciate that Robert Romano Americans for limited
government