AFGE v Trump Unconstitutional

Court: Trump Accountability Executive Order Largely Unconstitutional

AFGE heralded Friday’s decision by a judge in the US District Court for the District of Columbia who ruled parts of President Donald Trump’s May executive order were unconstitutional.

On Friday, Judge Ketanji Brown Jackson ruled President Trump’s executive order violated parts of the First Amendment as well as separation of powers. This is an outcome that anyone with a legal mind knew was coming once Trump tried to pass laws using his pen rather than negotiating reforms through Congress.

“President Trump’s illegal action was a direct assault on the legal rights and protections that Congress specifically guaranteed to the public-sector employees across this country who keep our federal government running every single day,” AFGE National President J. David Cox Sr. said in a statement.

“Now that the judge has issued her decision, I urge all agencies that have attempted to enforce this illegal executive order to restore all previously negotiated contracts and to bargain in good faith with employee representatives on any future changes as required under the law,” Cox said.

While I am no fan of AFGE, I do believe this ruling is the right ruling. We do not want presidents to usurp the powers of Congress to make laws only the Office of the President has the power to enforce.

The problem with VA is the corruption at the top. Current Accountability laws merely make it easier to fire whistleblowers or disabled veterans seeking reasonable accommodations. Barely a few senior executives have been fired, but the employees who challenge their corruption can be fired for practically anything.

Del. Eleanor Holmes Norton (D-D.C.) said in response to the ruling that “federal workers have long been a favorite punching bag for Republicans and they made a special effort in our Oversight and Government Reform Committee and the House of Representatives to do what the Trump executive orders attempted.”

“Seeing the difficulty of gutting federal employees’ collective bargaining rights in the House and the Senate, Republicans apparently turned to the administration to use executive orders instead,” she said. “Had the administration succeeded, it would have been able to place arbitrary time limits on federal employees’ use of official time to advocate on behalf of their colleagues. The orders would have severely weakened due process and made it easier for political appointees and supervisors to engage in unlawful practices, including retaliation against employees for blowing the whistle on abuse and fraud.”

I have seen a few of these cases first hand, and there is no question the authorities granted under the Accountability Act have simply been used to ferret out whistleblowers and veterans unwilling to engage in fraud.

Further, we do not want our country’s presidents to become tyrants. Trump’s executive orders were clearly a jurisdiction grab where the present exceeded his authority.

Regardless of how we feel about AFGE, we must adhere to the rule of law.

REVIEW: AFGE v Trump, No 1:18-cv-1261

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  1. August 18, was my husband’s 39th birthday. He is a 18 year RSD survivor that is 100% service connected with unemployable status. I have kept a daily journal through it all. As I read over my journal I noticed a pattern. When the VA changes out the medical professionals about every 3 to 4 years do to contracts. My husband suffers. His med record state, is in the utrophic stage and stable. This stage is in the same bracket as stage 4 cancer. Every new medical professional, VA & privet sector does the same procedure; take all items away, my husband goes down hill fast, items are returned my husband stabilizes, but damage is done, his quality of life is less each time. Then the providers stated “do to his allergies to most opiods and other pain meds we don’t know how to help other then what is been done. Why must every new medical professional repeat this? I do not expect an answer to my question to my email. And if someone does answer I also know it is a “smoke” answer. The Inspector General’s Office has already gave us an investigation number regarding this issue. Sadly no real good will come in time for my husband. I know this. “A government that can give you all can also take it all.” President Reagan said something to that effect.

  2. If anyone gets the TV show Discovery Life there is a program on now reporting about Iraqi (bacteria) mutant bacterium some troops are getting/spreading. More of the un-mentionables.

  3. I figured this post would bring the nut cases out of the woodwork. I’ve heard some screwy legal theories and interpretations of the constitution in my time but some of these are in a class of their own. And poor “T” who is being persecuted by everyone from the entire East coast to Oprah. Gotta be tough.

    Hang in there, Ben.

    1. Well D, sure did bring out the trolls and nut cases didn’t it? Sure brought you out….just to troll. I can bring out the most connected and most corrupt in Indiana and idiots like you. Hell, puss, need proof I got it. I am not hiding either. Now go lay down VA cheerleader aka lefty keyboard commando. Should be easy to stifle yourself. You can’t read or comprehend well can ya. Why don’t ya grab up some media whores and come for a visit? Which part of Indiana are you from? LOL

    2. Clever using your grade point average as a name.

      Looks like you failed again!

      You forgot to put the minus sign after the D.

      1. Gosh, you really got me there Seymore. However, you do know that D is a passing grade, don’t you. Just out of curiosity, which of the legal theories above do you support. The one that says the judiciary can’t limit the president in his use of executive authority?

  4. Congress should have taken care of such issues with resources, funding, special accounts set aside, decades ago. Along with all those other lying complacent alphabet agencies ie DHS, DoD. SES, etc. VSOs should be out in the streets and filling the DC area for changes but that too will never happen. Just more politics and games. And supporting propaganda like with McCluck.

    Burn pits, nukes, depleted ur, all sorts of environmental contaminants and exposures, unsafe drinking waters, various forms of radiation or RF/micro exposure, improper safety gear, … endless. But they have plenty of change for wars, foreigners, to ruin other countries to losing trillions going into someones pockets.

    Scanned one report, I think I posted the link about contaminated cereals that led me to a report of finding Glyphosate on feminine pads/items. (WTF?!) What is that all about and where does that come from?

    Instead of writing articles and pretending to do stuff or care, they should be taking some real action. Enough of words, writing, boasting, and claims of phony support.

  5. I just received the Sept 2018 VFW magazine. On pages 26 and 27 this is the article by: Stephanie Gaskell.
    “Are Burn Pits The Agent Orange For The Nation’s Youngest Veterans?”

    From the article: quote;
    “It took Vietnam War veterans nearly two decades to receive compensation from exposure to Agent Orange. Now, veterans of the wars in Iraq and Afghanistan who were exposed to burn pits face a similar battle.”

    Also, in the article:
    “VFW Resolution 619”
    “Urges Congress “to invest adequate resources to study, diagnose and treat conditions and illnesses associated with toxic exposures.”

    (Like I’ve said before, don’t shoot the messenger! I’m only giving y’all the news!)

  6. Tom Fitton Answers: Why is JW the Only Game in Town Uncovering & Fighting Gov. Corruption?


      1. Shows just how many real patriots and do-gooders there are in that entire area or the East coast. Plus with all the attorneys being pumped out of law schools and in this country yet a vet, peasant, tax serf, target, can’t find decent representation or legal help? Especially when it comes to Indiana. Guess it’s safer, better to fit in with the others in their profession, to appease the masters, maybe their country club elite cliques, to get the DC insider info like stocks, trading, investments, keep their paralegals in check, follow the Masons, to allowing the evil elements run amuck in society. Odd how one little question can easily expose countless things. Leaving more simple questions to be asked. That are never answered.

    1. @”T”, whom said:
      “…Plus with all the attorneys being pumped out of law schools and in this country yet a vet, peasant, tax serf, target, can’t find decent representation or legal help?…”

      Same thing in Virginia, can’t find an Attorney to represent me against the injustices perpitrated against me by Veterans Affairs employees.
      I think I may know why: one of the attorneys I spoke with, told me that it’s because of a little known Civil War era Law, still on the books, related to attorney reimbursement for services.
      Simply put, how many people do you know that would work for peanuts, when they can work for huge profits, -in this day and age?
      What kind of representation can be reasonably expected from anyone that knows they will not be getting paid equally for their time if they spent that time on more lucrative cases? -“You get what you pay for”.
      If Lawyers know they will not get paid “going rates” for similar services rendered, why would they choose too do so in the first place? Follow the money…
      Or could it be that they are taught in law school and already know, that going up against the State or Federal Gov is tantamount to Career Suicide?

      1. K-Lar, seems to be a huge problem nation-wide. Indiana has been so corrupt for generations it’s not funny. But all we can do is laugh over the pathetic nature of it all, not much else. Here it’s known from childhood as “not rocking political boats,” “can’t fight the city hall or courts,” to “don’t step on the wrong toes or bruise egos,” etc.

        No such a thing as them being required to do any pro bono (free) (cut fee) work or aid. That is reserved for females, special interests, for certain agendas, etc.

        Here I have been told straight up it’s about “Professional Courtesies.” “Not wanting to be involved.” “Hands are tied,’ like the local VSOs and so-called out-reach groups told me, media too.

        The Indiana Supreme Court of Disciplinary Action for reporting professional misconduct, gross violations of ethics, or corruption doesn’t work either. They all know things can be totally dismissed and flushed and not one damn thing can be done about it. That is supposed to be like reporting them to the BAR or ABA. They are very choosy about what suits they bring against the city to state levels. Very pricey. ACLU won’t get involved either. One big network of cliques and nepotism. And none want to upset the state’s most wealthy of rulers and residents. So yeah it would all lead to career suicide and is the reason why no media locally or in the state wants involved. Just like the VSOs and many others. The silent majority here will remain silent too. People don’t want involved with much locally and fear getting known or involved in certain matters. So the corruption, mafia styled thuggery, various attacks, to businesses not wanting to do business with us and more can run rampant on many levels and kinds here. It’s called fascism, tyranny, nepotism, censoring, and much more.

        Plenty of clowns out there thinking it’s all a joke or no big deal. As long as it’s not them or their family members going through it. Plenty of VA and union supporters too that don’t give a hoot about others or our lives. Sad days in the new ‘merica.’

  7. I don’t disagree with the idea that a President should not be ruling by Executive Order. I absolutely despised Obama doing it repeatedly, to the cheerleading of his party and likely many judges.
    I wonder how long Little Cox spent judge shopping before he found the right one.

    And so quickly. It took years of suing over ObamaCare before a judge would actually hear just part of that case.

    The problem here is far too many details to adequately cover in a column. Did Trump abuse his authority? That depends. Does the VA fall under the Executive branch? Was the AFGE bending federal law? I would say yes regarding official time alone.

    I would think the administration would know the EO would be challenged in court, and it would be written to stand up to a challenge.

    Yes, congress should be addressing this issue, but a huge majority of them are too gutless to do their jobs.

    I would say if Trump had the authority to issue the EO to enforce existing labor law, then Little Cox will lose on appeal.

    The AFGE mindset is why I have been waiting 16 months for testing. Its why I have had bill collectors demand payment for Choice bills the VA ignores. Its why repeated phone calls, voice mails and letters are ignored trying to resolve the problem.

    Yet Little Cox wants to talk about the rights of his union slugs?

  8. Where was your opinion and this judges opinion while Obama was making many illegal executive orders?

    1. And I might add you wrote this.. “While I am no fan of AFGE, I do believe this ruling is the right ruling. We do not want presidents to usurp the powers of Congress to make laws only the Office of the President has the power to enforce…” So you would rather have judges usurp the power of the president? Now that is going down a dark road.

  9. “Trump tried to pass laws using his pen …”

    Is that what you guys call it out East? Around here the name we give it when speaking around children is “Tallywhacker”. Language nuances with slang are always so wierd.

    1. And I didnt see them complain when Obama was doing this so much that the Supreme Court of the US slapped him down for it over 27 times saying he went too far and abused his authority. And the thing they dont say is that in all but one of these slap downs from SCOTUS it was UNANIMOUS! But then again I guess its all down to who’s axe is being ground

  10. Dennis, what is the name of the highly degrading Cannabis compound that you isolate? Thanks.

    1. I take the medicine from the dispenseries and isolate D9 THC to purities approaching absolute. When it is purchased the label will typically read about 65% pure or so. I remove the 35% that represents impurities. I am glad I know how.

      Last week I informed VA Roseburg that the results of the biopsy by my civilian oncologist confirmed liver cancer. I can attest liver cancer is very painful. I went to my VA PCP and showed him the medications the oncologist prescribed and he informed me that VA had decided that I was no longer eligible for any of their existing mental health providers to prescribe to me which was news. I did not know my shrink had quit and he was rhe one they provided a few months ago on orders fromthe VA hotline. My current PCP just two days after I learned my back oain was cancer of the liver informed me Roseburg had again decided to assign no new shrink. He gave me a thirty day supply of the anxiety med and noted I refused a Choice assignment and he would not prescribe any more. I refused Choice because thye do not pay and somehow telling me two days after I learned of cancer that VA wnated me off property smacked of greasy grimy gopher guts to me. It stinks, but I do have the option now in Oregon to clean my herbal medicine to a pure substance.

      D9 as an isolate takes the edge off anxiety and my recent PTSD C&P exam continued my 100% sc rating for that which D9 helps as well if it is heated for a minute or two then inhaled as an aersol for me. Very tiny amounts help and if I run out of prescription anxiety/PTSD drugs then I can increase this one which in my state it is all perfectly legal to purify your own medicine for your own use such as removing stems and any other unwanted portion before use. I have no time or inclination to put energy into trying to obtain a relatively small doses of the pharmacuticals when Mother Earth can provide, eh?

  11. So you agree with this decision Ben? Ok then show us in the Constitution where the Judges have the right to revoke Presidential authority? It does NOT exist and never has. Its called the SEPARATION OF POWERS which means the Judges deal with the laws and thats it. By this judge trying to tell the President what he can and cant do is the same thing as him making law from the bench, and in your own words that is a violation of Article 1 Section 1 of the US Constitution. The legal way to do this is for the Union to go to congress and have congress overturn this decision. As such the President should tell the judge to go pound sand and instruct the VA to ignore the judges order. Whats he going to do? Under Clinton v Jones US Supreme Court, a sitting President cannot be indicted nor charged for anything they do while as President and NO lower judge or court can overturn or alter this decision. Congress can under article 3 section 2 paragraph 2 last sentence of the US Constitution which states that Congress can not only overturn a judicial decision, but then they can order all courts to never hear another case like that ever again as they did with the Newdow decisions out of California which were upheld as Constitutional BY the Supreme Court itself. You are completely wrong on this Ben….completely wrong.

  12. The unions have destroyed Flint as well as Detroit, now they are at taking down the VA. I may be of base, but when Unions insert politics with labor, the workers will pay for it.

  13. The first five (5) comments say it perfectly!
    The only thing I can think of is;

  14. “”

    Needed a good laugh to start the morning thank you namnibor.

    Oh and Ben, Thank you also. Although yours is a bit of dry humor today with that nice fully piece for an article trying to pull in some bucks off the Afge crowd. The things some people will say to make money.

    As for the decision made by Judge Ketanji Brown Jackson. Next stop the court of Appeals for the District of Columbia and if that doesn’t work then it will be on to the Supreme Court. Does anyone believe that it stands a chance in Hell of not being thrown out. I sure don’t.

    As for the Judge herself took a look into her back ground and she is most certainly a born and bred swamp creature.

    Really looking forward to the news to drop about the IRS audit of the AFGE. It should become public sometime in November after the Dems get their butts whipped hard. There are sure to be some shivering timbers in a number of structures in Washington.

    1. Oh, One last question — Who pays for and maintains that website that is in my comment above the link above? Never mind I already know and it is not union members dues. That audit is really going to be something.

      1. Seymore,
        People in Colorado and all the other states mentioned in the article better get out and vote Republican!

        “Educated in ‘Chitcago’…”, we now know what her brain is made of – “mush”!
        Plus, “Indoctrinated” and “brain washed” by the “…public school system…” is enough evidence against her!
        Of course, the AFGE, being the “…most corrupt union in America…”, would want a corrupt person in Congress!

        I hope I made my point clear enough!

      2. You clearly did make your point Elf and I do agree with you.

        The main purpose in providing the link was to show the splash page with the warning concerning Election related material. Considering the AFGE press-release is on a website maintained by using Tax Payers dollars to endorse a Democrat Candidate.

        The AFGE is not only using Tax Payer’s dollars to endorse candidates and make political contributions. Their protests are being timed for political measures to make their endorsed candidates look appealing to the public and union members.

        While Tax Payers have been paying the big bills for the union giving them office space, supplies, equipment and paying the wages of union employees to preform what they call union activity. The union members dues have been going to political contributions to support the union’s endorsed candidates. Which is highly illegal.

        It just helps feed the corruption!

      3. Elf want a little laugh. Here is an article in a small town paper near me that shows how some union work is done around my neck of the woods.

        “Charges filed in fight with city councilors”
        By Superior Telegram Today at 7:58 a.m.

        “Two union managers made initial appearances Tuesday in Douglas County Circuit Court in connection with an Aug. 8 fight at Jimmy’s Saloon involving two Superior city councilors.

        Jeremy Richard Browen, 42, of Foxboro, faces misdemeanor charges of battery and disorderly conduct. Conditions of his bond — no contact with the city councilors, Jimmy’s Saloon and a $1,500 signature bond — were continued.

        According to the criminal complaint:

        Browen and Adam Troy Johnson, 38, of Duluth were inside Jimmy’s Saloon into early Aug. 8, using profanity and harassing the councilors and the bartender, a non-union carpenter. The two were asked to leave the bar on several occasions.”

        Full Article At: “”

      4. Just a couple of local Union Lobbyist out lobbying local government. Business as usual.

    2. The disclaimer is a real hoot. Now another Marx-fem, activist, Purdue educated communist PC candidate up and running. No doubt supported by the likes of Mitch Daniels and the college crowd. A Woman marcher and Black too! Seen what they are all about on the local level and it isn’t about improving “critical issues’ of our times, helping vets or white folks or men anyway. More college campus activist styled group-think and forced living/thinking. Did she wear a vagina hat as well? She has it all covered for the various activist and the corrupt. I wonder what she is really like when the cameras are off or when she attends MoveOn, Antifa, AFGE or NAACP meet ups. Oprah, Obama, Soros, and Whoopi will no doubt throw money her way too. All this could get very deep and non-PC.

      Just like other issues. ‘Wait till we get our numbers up and we will rule and crush all of you who refuse to assimilate to our way of thinking’ and anti-American agendas.

  15. Another liberal judge taking sides for the AFGE, this union only looks out for own corrupted leaders and minions, the employees are left holding the bags and discarded

  16. Judge Ketanji Brown Jackson, a favorite of Obummer and didn’t squawk when Black Militants prevented people from voting.. with clubs? Or about his many Exec orders? Then the vile creature comes out over Trumpster?? She, it is, just another Ivy League educated insider and activist just nit-picking and being very selective on issues like all the rest do… up there. Oh, and down here as well.

    Since when have we not had “tyrants” as POTUS? Kennedy had a pot load of enemies and was about to expose many things, among the ‘tyrants’ then he got targeted and dealt with for being so bold. The tyrants, deep-state, shadow government, foreigners won, mafias/communist too.

    Congress? Since when have they done their jobs whether it be over wars to economics… they failed. Either through voluntary or other-wise usurpation Congress has not done their jobs. They are failing to deal with all the censoring to the invasions of our country and loss of rights to turning us into a police state, allowed Bushy to create terrorist and a perpetual war for foreigners, to allowing us mere citizens to be walked over and no laws applied for us. The kind of shit I am trying to expose and how it is in Indiana. Who are the protected ones? The corrupt. Does the likes of the AFGE, Congress or others care? Hell no. We or those like me are totally disregarded and attacked until death by the entire sheebang.

    Now we are supposed to side with our enemy in part being the AFGE, VSOs and civil workers unions?? Follow some laws good enough for them but not for us? Personally I am no cherry when dealing with corruption, corrupt unions to the feds and dirty activist or owned judges.

    I get your point, clients too, and can see it all from your perspective, Ben. Everyone should be afforded reps in the courts for some justice if wronged especially by the gov. But I don’t believe in the crap or division tactics of supporting my enemies in the least bit, nor ‘keeping my enemies close.’ We know the idiot that came up with that stupidity lost his head in the long run. I also don’t believe in following the traditions of mankind, or humankind. We are supposed to be a nation of laws and Constitution for all not being selective, not playing politics, playing a legal game, or now a totalitarian police state complete with (union/Soros/Kissinger/McCluck like backing) censoring and propaganda with no laws to protect us from any of it.

    The AFGE wants backing or laws to be followed? While creating/allowing suffering and death on a huge portion of us dealing with such varmints? Doesn’t matter. This country has been flushed and disintegrating into a hell hole hourly anyway and no way out of it all. I pity future generations and those with kids today.

    More transparency and broadcasting more about any negotiations and such may help some. No more back-door deals and secrecy or those being ‘immune from prosecution’ or from being named, exposed. Certain ‘professions’ got us all into this mess of the American experiment. Are they going to help get us out of it? Nope.

  17. I’m highly suspicious of the judge being an unmelted snowflake, meeting every desire the AFGE seeks which is, NO ACCOUNTABILITY.

    FIRE THE ENTIRE AFGE LOT…ALL OF THE LEECHES AND LAMPREY and watch the VA again thrive without the chokehold of assholes.

    1. Then again, a proper snowflake judge would have buckled under a reasonably presented argument. Or, Trumplethinskin could have worked with the Congress and Senate, that he essentially controls, and gotten the job done right. But no, he relied on pet sycophants and puppets to poorly prepare executive orders so he could once again, unzip, and show the world his mighty pen …is


      It was never going to happen because Congress is too full of criminals pretending to represent parties and people, who, are only too willing to continue to wet their collective wick into the VA GiaNAt MoneyHoney Pot

  18. 08/28/2018

    Dear Benjamin Krause,

    According to David Cox Sr. AFGE National President on 07/17/2018 at the House Veterans’ Affairs Committee on implementation of the VA Accountability and Whistleblower Protection Act [which was signed into law in June 2017] he [David Cox] stated that is what the Congress agreed too this back in the 1978–giving the Union far reaching powers.

    On May 25, 2018, President Donald J. Trump issued three executive orders relating to the administration of the federal civil service and the rights of federal employees to engage in collective bargaining.
    See Exec. Order No. 13,836, 83 Fed. Reg. 25329 (May 25, 2018);
    Exec. Order No. 13,837, 83 Fed. Reg. 25335 (May 25, 2018);
    Exec. Order No. 13,839, 83 Fed. Reg. 25343 (May 25, 2018) (collectively,“the Orders”).

    [These three (3) executive orders were to correct this 4 decade old blunder from Congress]

    With the 1970s, the view that slothful federal employees enjoyed too much protection against discharge became increasingly popular, amidst mounting concern over government integrity in the wake of the Watergate scandal. It was against this backdrop that Congress enacted the Civil Service Reform Act of 1978 (“the CSRA”), Pub L. No. 95-454, 92 Stat. 1111 (1978), which was codified (as amended) in scattered sections of Title 5 of the United States Code.
    This legislation was expressly billed as an effort to codify the previous assortment of executive orders and rules that regulated the relationships between the federal government and its civil service employees.
    See The Civil Service and the Statutory Law of Public Employment, 97 Harv. L. Rev. at 1631 – 33.
    And the CSRA “comprehensively overhauled the civil service system…

    Under this protection—the VA has been and is being sabotaged.

    The President has a right to sign executive orders if it is Treason—The President must however make the case in court and come clean with the Public and deliver the goods on the VA Hospital.

    The VA Hospital and its Administration/the Union may then find themselves in a place that could be an extreme environment.

    If he does not make the case and whimps out—we go back for another Decade of Death [estimation of 155,000 Veterans]. 10 years 155 hospitals 1000 mistakes/accidents/or wanton actions per hospital.

    Come on 9/11—-Trump give me a VA Birthday Gift—go see the Judge!


    Don Karg

  19. This only makes worse, right back to knowing every single dot in contract and pushing it. What needs be done next contract is once expired, do a Ronald Regan and fire all

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