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It's definitely an open question. But I don't think it amounts to much. Trump can pardon himself, he can fire everyone involved he can get his hands on, he can declassify any and all documents involved, he could order the entire classification system revoked. If Congress is on his side, they can open investigations into the investigators, they can defund the offices involved. And even if Congress isn't on his side, they couldn't impeach him before and won't impeach him over this.
Anything could happen, but I find it very unlikely that Trump's enemies will really push (escalate) a Constitutional crisis over classified documents the public isn't even allowed to know the details of, especially given all the other issues with this case.
Again, I dispute this. If he says John Q. Bureaucrat is fired, but the rest of DC says Mr. Bureaucrat isn't fired; they still work with Mr. Bureaucrat when he comes into the office; payroll still issues Mr. Bureaucrat his paycheck; and they have the guy Trump appointed to replace John hauled out of the building and arrested for trespassing, because he doesn't work there, since the job he claims to hold is actually still held by Mr. Bureaucrat; and anyone who tries to remove Mr. Bureaucrat on orders from Trump gets arrested themselves by the FBI for attempting to obstruct a federal employee in the exercise of his duties, because Mr. Bureaucrat is still a federal employee… then has John Q. Bureaucrat really been fired?
And if everyone ignores him, and keeps treating them as classified anyway?
And if everyone ignores him, and keeps acting as if the system is still in place?
With what people? Who are they going to order to carry out these investigations? What if those people ignore that order? Or side with those they're "investigating" against Trump and Congress?
Government "shutdowns," where nothing shuts down and the executive branch continued to spend and disburse funds without the constitutionally-mandated Congressional authorization, say otherwise. What happens when Congress "defunds" the offices, and Treasury just ignores them and keeps issuing the offices their funds as before?
Why not? I don't understand why everyone seems to think a "Constitutional crisis" would be any kind of big deal. What would change, really?
I hope that happens. Then those people can all be labeled as insurrectionists and Texas and Florida national guard can come in and literally kill the bureaucrats.
This would require a Republican governor with the guts to actually send troops against "fellow Americans" — civilians at that — rather than just threaten. It would also require National Guard troops willing to gun down "fellow American" civilians, even if they're feds.
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The Republicans would rather lose forever than tear apart the country that way.
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Jesus Christ dude. You know that bureaucrats are why we don't all live in mud huts and rape each other right? Have a little gratitude. You're posting this on an internet forum that only exists because generations of bureaucrats kept society together for a few thousand years.
Nope. You are mistaking bureaucrats for merchants.
Who enforces those contracts?
Read Order Without Law. In iterative games, contact law is largely pointless.
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Not the current crop of Bureaucrats, certainly.
Bureaucrats do not create society or wealth. They are a necessary evil to keep the peace and prosperity that productive people build, and the "necessary" part assumes that they are not corrupt.
Our Bureaucrats are deeply, irredeemably corrupt. They are not necessary, only evil.
So who does?
In most cases, nobody. Bureaucrats have made obtaining legal remedies so time-consuming that, if you can't make do with private arbitration, it's almost always better to just cut your losses and walk away from a broken deal. But in the business world, reputation matters - if you fail to honor your agreements, you are choosing exile from much of the world of profitable enterprise.
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The above-mentioned merchants, "merchants" being shorthand for industrious citizens of all descriptions. The people who make, build, grow, fix, plan, engineer, coordinate, invest and so on. Those people need an impartial system of law once what they build reaches a certain level of complexity, but the law exists to reduce friction between those building society. It certainly does not build society itself.
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From my limited understanding, the president is the head of the executive, and any democratic legitimacy of the federal bureaucracy ultimately comes from the fact that the bureaucrats are enacting the will of a democratically (or however you call the electoral college system) elected president. While there are certainly mid-level bureaucrats who would do everything legal in their power to thwart his preferred policies (and some might even risk their job by going beyond that), I think the rest of DC pretending that Trump does not exist will not be an option. For one thing, do you really suppose the Supreme Court would play along with that? If they do not, should the rest of DC also pretend that the Supreme Court does not exist?
We already had four years of Trump. He was not my favorite president, but contrary to predictions from the left he turned out not to be the reincarnation of Adolf Hitler. I don't think he would build death camps in his second presidency. It would not be the end of the world.
On the other hand, democracy in the US had (with one notable exception) been a great success in avoiding conflicts being resolved by force of arms. Even if Trump's supporters would idly stand by while the executive defected, the long term effects of establishing that the federal bureaucracy is independent of the president would likely be violent.
Trump's second term would not be about replacing the constitution with the Fuehrerprinzip. If he gets the EC votes, he may get out of legal troubles which may or may not have been politically motivated in the first place. This will not be the end of the world any more than Nixon getting pardoned about Watergate was the end of the world.
Again, this is how it's supposed to be, on paper. But that matters as much as when Bart Simpson was sent back to kindergarten:
The law isn't what's written on paper, the law is whatever is enforced. There's how the "employee handbook" says a workplace is supposed to work, and then there's how the workplace actually operates. (The very existence of "bothering by the book" and malicious compliance illustrates that there's a difference between the two, sometimes rather vast.) The written constitution is like an ignored, out-of-date employee handbook.
Maybe, maybe not. But it won't matter.
Absolutely yes. Because there's no actual enforcement mechanism for SCOTUS decisions, except the willingness of the executive to heed them. From the federal court system's own webpage:
And from Cliff Notes:
(DC still hasn't given Mr. Heller his permit.)
Not really. I mean, sure, maybe a few people might resort to violence, but only a few hundred at most, and they'll all be lone actors independently pursuing disorganized, poorly-targeted acts of domestic terror. Nothing that the FBI and ATF won't be able to handle (particularly given that at least half of our would-be rebels would be receiving "assistance" from someone in the pay of the FBI). Maybe you get a few more "Oklahoma City"s, but, as in that case, the perpetrators will accomplish nothing but creating martyrs for the other side, tainting their own side by association, and getting themselves executed (assuming the state takes them alive at all). And once a sufficiently-strong example is made of these people, most everyone else will be disincentivized to follow in their footsteps.
The nice thing about democracies is that there is a peaceful path forward if you are unhappy with an administration. Canvas for your issue, change the mind of the voters, change the stance of politicians or get elected yourself. Not an easy path forward, but with some notable benefits over the alternative.
This Calvin and Hobbes comic illustrates the position the bureaucracy would find itself in if they decided to do their thing without the blessings of President, SC and Congress.
And while this is getting deep into silly "could Darth Vader take Superman in a fight?" hypotheticals territory, there is the fact that the federal police agencies are not the strongest kid on the block. The US military seems kind of big on following a chain of command which ultimately ends with the president. They obviously will be reluctant to interfere within the US, but if the constitutional organs of the US are in agreement that a part of the DC bureaucracy is in rebellion, I strongly expect them to intercede on the side of the constitution. And a battle of federal law enforcement vs the US army would be even more lopsided that a battle of Feds versus Trump militias.
And just who's supposed to be revolting, and how? I keep bringing up the German Peasants' War for a reason. As the late Kontextmaschine over at Tumblr said, about JFK's quote that "those who make peaceful revolution impossible will make violent revolution inevitable," that making violent revolution inevitable then crushing it by force can be a viable strategy. It will confirm, in the minds of Blue Tribers, the truth of every comment they've made about "neo-Confederates," or about domestic terrorism being the biggest threat to Our Democracy, and that there really is no living with the Deplorables, they'll truly have to be crushed utterly, and the surviving children forcibly reeducated residential-school-style.
The same military who
lied to"misled" Trump when he was president? The same military where these people are in command:…
Or see here:
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…
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More on that latter:
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(Emphasis added.)
And on the Floyd riots:
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The US Military is famously apolitical, and, like you note, they obviously will be reluctant to interfere within the US, particularly on behalf of Trump. The guys at the top, especially, spend a lot of time in DC, and interacting quite a bit with other DC "insiders." They're not going to want to send in troops to shoot fellow Americans — civilians, at that, even if Trump says they're in "insurrection." So all they need to do is declare that any conflict over authority, and what is or isn't in the president's power to do, is a civilian political matter, because the US Military does not get involved in civilian political matters, full stop.
So, let me ask you, if Trump declares the bureaucracy in insurrection, and the top brass say "no they're not," and tell Trump to go f*** himself — or even if they just say "civilian matter, we're staying out of it" — what then?
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They pre-emptively refused to quell the Floyd Riots, and that was before the COVID purges.
Exactly. Anyone expecting the Pentagon brass to intervene on behalf of Trump (or Red America, for that matter) is bound to be sorely disappointed.
And this is all contingent on Trump even winning. Odds are, we get a second Biden term, followed by a younger and lefty-er Dem after that (and after that, and after that…)
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What’s stopping trump from responding to that by declaring them all in a state of revolt and deputizing red state national guards to restore federal authority? Resistance libs already fever dream about that in their persecution porn; they won’t take a chance on Abbott and Desantis being de facto dictators for half the country, and if there’s already a constitutional crisis, well, alea iacta est.
That "red state national guards" aren't the sort to fire on fellow Americans?
Are they the sort to stand around at the entrance to federal workplaces checking ID badges, though?
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If we try and you're wrong, then we win. If we try and you're right, then this creates common knowledge of the problem, which is useful for coordinating further escalation, which creates opportunities for an eventual win.
What's the alternative? If we don't fight, we definately lose. What's the argument that fighting and losing leads to worse outcomes than not fighting and losing? What's the outcome you're actually attempting to avoid, and how do your prescriptions actually lead to avoiding it?
Should Hirohito have surrendered before Hiroshima and Nagasaki? (Do you think Japan should have continued to fight on further?) The war was already lost well before that point; all continuing to fight did was get even more Japanese killed.
This would require a Red Tribe capable of coordinating, rather than being downright allergic to it. (This is a point David Z. Hines has been making for years now.) These are my friends, my family, my neighbors I'm talking about. They're never going to do anything. They'll grumble, and mutter about "2nd amendment solutions," but they'll bow down and comply. Let somebody else take the risk of resisting Federal tyranny. And don't come around expecting them to join up with you — they don't take no orders from nobody, y'hear?
About a year ago, I did some reading about historical counterinsurgency methods, particularly Rome. And, contra to Princess Leia's comment to Tarkin, crackdowns usually didn't generate greater resistance, they generated submission. When they did lead to "further escalation," it was generally only a single cycle — Rome's second crackdown usually got the job done. The only exception, with multiple cycles of escalation, was the Jews — and look how that turned out:
…
We are not the imperial Japanese, and the Blues are not 1940s America. Should the Russian Whites have surrendered meekly to the Reds? My read is no, but again, our situation isn't Whites vs Reds either. We are actually in a much better situation, against a much less ruthless enemy. We have not yet begun to fight, metaphorically or literally. There is no rational basis for despair in the current situation.
The Reds I see around me are evidently capable of considerable coordination. You should at least consider the possibility that your personal experiences do not generalize.
Your opinion is that I am a liar, because I have repeatedly stated that I believe that "2nd Amendment solutions" are both a possible and practical solution to the current situation, without providing details of how that would work. I've stated that I prefer being called a liar to providing those details, annoying as it is, because I'm still hoping the current push for peaceful defiance will work. But I will note that every time you initiate this argument, you claim that "2nd Amendment solutions" means hicks with AR15s in twos and threes attempting to fight the US government. I think you badly underestimate both the chances both of the hicks actually trying this and the possible effectiveness of the strategy if they do, but I believe I've stated a number of times that my understanding of "2nd Amendment solutions" does not consist of Red Tribers, singly or in numbers, fighting the government with their personal collections of small-arms. If that was the scenario I was expecting, I would be significantly less confident in success, though still not as pessimistic as you. But that is not, in fact, the scenario I think is likely, and my assessment of that scenario is not the source of my confidence. If the Blues find a genie that magically un-exists all guns in America, it would not materially change my estimate of our chances for overthrowing Blue Tribe. The Second Amendment and the firearms it is intended to protect are much, much more valuable as a coordination mechanism than for pure tactical advantage. The tactical advantages come from other vectors, vectors which neither you nor most others appear to have grasped. I think this is a good thing, because we might still be able to unwind this mess before people like you stumble across them, a whole lot of people die, and the lights probably go out for the forseeable future.
And the part I can't figure out is, what your actual position is. Let's say you're right about everything. I'm lying, and we have no chance. You appear to argue that the correct option is unilateral surrender, let the Blues do whatever they want, in the hope that they'll abuse us less. Is that correct?
We haven't begun to fight because we're never going to. Because we're not capable of it. Every time, this wasn't the hill to die on. Every time, it wasn't yet time. Every time, we've backed down and said "next time" or "someday." Because we're never dying on any hills, because it will never be time, because "someday" will never come. We've always backed down, and we're always going to back down.
Because anything more than those random hicks requires levels of organization of which we are not capable. (It's how one can tell all the sizable "militia groups" are Fed honeypot operations — they're simply too coordinated to be authentic. It's got to be undercover FBI doing all the organizing.)
Organization requires hierarchy, requires following directions from others; and we're talking about people who declare that "they don't take orders from anyone but Jesus." They boast about how if someone told us to breathe, we'd suffocate ourselves to death just to spite them. Who swear that no matter how dire things get, should anyone dare talk to them about organizing or coordinating or fighting together — even if they've been a friend for decades — that automatically makes that person "the Enemy" and they will shoot them dead on the spot.
How are you going to get that guy to join up? How are you going to get him to follow directions, to coordinate his actions with yours, to not immediately go off and do his own "Lone wolf" thing?
As for your "other vectors," I suspect you're talking about infrastructure vulnerabilities. Those are a bit easier to do with a smaller group, but from what I've seen from investigating the issue, it's still more coordination than anyone I know is capable of.
Yes. At the very least, I want people to accept the war was lost long ago, and there's nothing we can do about it now (if not going further, to "accept we're utterly doomed and LDAR," or even "spare ourselves the worst of the horrors to come by taking The Exit early," but I get that most are too religious to consider that).
Speak for yourself. Maybe that is the way you are. Maybe that is the way the people around you are. It is not the way I am, and it is not the way the people around me are. There's a decent argument that Rittenhouse single-handedly ended the Floyd riots, and he survived the Blues' attempts to crush him for it, and the attempts to crush him appear to me to have been costly for the Blues. They attempted to crush Kavanaugh, and failed. Gun owners refuse to comply with state and federal laws, and they get away with it. This is exactly the sort of coordination you and @The_Nybbler consistently claim doesn't exist, because you are both so black-pilled that you refuse to accept contrary evidence.
Abbott defying Biden on the border requires significant organization. Gun owners refusing to comply with registration requires coordination. But in fact, you are fundamentally wrong about the level of coordination required to destroy our present society. The amount of organization required is effectively zero. It can be done with individuals alone.
Meanwhile, in the real world, Red Tribers coordinate on all sorts of things, from defying law to purging the Republican party.
Infrastructure vulnerabilities are a significant part of why I think small bands of hicks with rifles have a better chance than you allow. To my knowledge, they never did find the guys who shot up that substation, and that is an example of an attack that can be effectively carried out by one person alone.
In any case, no, I am not talking about infrastructure vulnerabilities.
This is what I don't get. If we've already lost and the best thing we can do is to kill ourselves and spare ourselves the worst of the horrors to come, why are the horrors to come horrors? You don't appear to believe in God, so once you're dead that's it, and none of this actually matters in the end. Even fighting, it really is not that hard to make sure you aren't taken alive, and then the horror is over. If you're right, we fight and they crush us, and this is worse... why? We're already doomed, no? What benefit is derived from quiet surrender? You already hate your life and want to die; how does surrendering to the blues improve any part of your situation? Why do you care about this question at all?
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And you never will.
Your enemy holds the bureaucracy. They hold the media. They hold the vast majority of the corporations. They hold an even more complete majority of educational institutions. They hold Federal law enforcement and state law enforcement in many states. And of course all big city law enforcement. Your tribe has paths for exit but no paths for entrance -- you may birth more young people but they end up rejecting you under the influence of the institutions. Immigrants may not join the other tribe but they vote for their party, and so do their children.
And most of your tribe respects all of those institutions despite their obvious capture. They can cynically ignore all the rules, all the laws, everything, to go after one of yours, and when the verdict comes in, your tribe will accept it. Ask Alex Jones or Rudy Giuliani. When Trump is duly convicted in New York Kangaroo Court, a large number of your people will say "Well, the jury had more information than I do, so he must be guilty" or similar rationalizations to trust the institutions. Because the very idea that the institutions are utterly corrupt and should be defied is anti-conservative.
That is the rational basis for despair.
Abbott and DeSantis are coordinating open defiance to the bureaucracy. Maybe they'll lose, but they haven't yet. The Bureaucracy tried to put Rittenhouse in a cell for the rest of his life, and he's a free man. The Bureaucracy is losing the fight on gun control, and they are losing it permanently.
The media are losing their influence, and in many cases their ability to even keep their doors open due to their entire business model going extinct.
And they are destroying those corporations, in a way that's pretty impossible to hide.
And yet, those agencies can and have been successfully defied, and they can and have fought and lost.
And those cities continue to decay.
They don't actually have a plan. They have a scam that works when we endlessly cooperate with it, and that falls apart if we simply and consistently defect. We are currently organizing that defection, and it is delivering tangible results. Your predictions have been consistent for some time, and increasingly they are being falsified by the actual outcomes. Your prediction was that Abbott would not be able to defy Biden on the border, but he did. Your prediction, I think, would be that Republicans would "compromise" and vote for the border bill, but we didn't. Resistance is not costless, but the costs can and are being borne.
Time will tell.
Too much of my tribe does, it's true, but less and less each day, and the more we push resistance, the more obvious the problems with the system become and the less my tribe respects it.
This is a prediction. Let's see how it goes.
To the extent that this is true, it seems to me that Conservatism is on the way out. Again, Abbott and DeSantis seem to be going for open defiance. The gun culture is definately going for open defiance. Trump's supporters are going for open defiance. Maybe you're right and it will all fizzle out, but that does not appear to me to be the trajectory we're on.
When they do, will you change your tune?
That's not what the demographic trends say. And what good is the right to own guns, anyway? You talk about it as a "coordination mechanism" — i.e. something like "when they come for your guns, that's when you fight"; but they're never going to actually "come for your guns" openly, are they? They'll salami-slice here and there some. But if they push leftward on everything else but guns while never actually hitting that line in the sand?
Are they? "Companies That Get ‘Woke’ Aren’t Going Broke — They’re More Profitable Than Ever."
But we're cooperators. Defecting is what Leftists do, and using Leftist tactics would make us no better, no different from them (as Hlynka insisted more than once). "What does it profit a man to gain the whole world," et cetera. What defines the Right — the only thing that distinguishes us from our enemy — is our willingness to put absolute adherence to principle over worldly victory, unto martyrdom and death, knowing their can be no real victory in this world anyway, and the only reward to be sought is in the next life, which is why all atheists are Leftists by definition, right? (Again, this is from Hlynka.)
If that defiance doesn't keep escalating like you predict, but instead does "all fizzle out," and Red Tribe mostly backs down like Nybbler and I predict, what will you say then?
I'll say that you were right that non-violent defiance wouldn't work, and that we should escalate. "What does it profit a man to gain the whole world and lose his soul" remains true. It also remains true that keeping one's soul does not appear to require pacifism. Belief in God cuts both ways: it means we see no reason to pursue victory at any cost, but it also means some of those "costs" are in fact acceptable. Faith in God does not preclude prosecuting war, nor inflicting the harms of war. There are no "horrors to come"; pain and death are the inevitable lot of all men, always have been and always will be.
You've mangled the argument rather badly, but sure, close enough for purposes of this discussion. If Blue Tribe hegemony is destroyed, that will not in fact solve anything in any permanent or meaningful sense. Destroying the Third Reich didn't solve anything in any permanent or meaningful sense. Neither did grinding down the Soviet Union. Both were still the right thing to do, and worth the costs required to do them. In the latter case, Von Nuemann was wrong; beating the Soviet Union was not worth a nuclear exchange. We probably should have paid more than we did, but a full-blown nuclear war was not worth it to stop a tyranny that was, in fact, already doomed.
If the defiance accelerates and grows, are you and @TheNybbler going to admit you were wrong?
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Certainly they are not. There have been some Supreme Court decisions, but the blue states just ignore or even defy ("Spirit of Aloha", "No Second Amendment in New York State") them. And with Rahimi the Court is poised to neuter Bruen. ATF is getting shirty (and shooty) with gun dealers again, not to mention classifying every L-shaped piece of metal a firearm. In New Jersey I still can't buy a gun or carry one if I had one. And even in Virginia, didn't they pass a bunch of new gun control?
Abbott did beat them on the border, I was wrong there. But that's a tiny light in a sea of darkness.
Certainly they are. The guns are never, ever going to go away. Registration is not going to happen. Confiscation is not going to happen. They're still trying to go after the manufacturers and dealers, but DIY manufacturing gets easier and more accessible every year, and we're well past the point where this process can be stopped or even meaningfully slowed. Enforcement on any of this, whether against the gun culture or against criminals, is a complete joke.
Meanwhile, the Gun Culture has learned to actively erode existing laws through malicious compliance and technological innovation, and are doing an excellent job of radicalizing the community as a whole to reject the legitimacy of gun control laws. The Fudds are all but extinct, and the people who replaced them are moving from "I lost them in a boating accident" to "I didn't lose shit." I am pretty sure I'm going to see the NFA die in my lifetime, one way or the other. Concealed Carry continues to steadily expand. And as fantastic as all that is, we've barely started on the low-hanging fruit. There's beautiful avenues of practical lawfare/tech development just lying around, waiting for someone to pick them up and thus further beclown state and federal laws.
Yes, it's easier for the blues to violate the letter and the spirit of the laws they don't like, thanks to their stranglehold on institutional support. But it is not only possible to do as they have done, it is inevitable.
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Yeah, the power of the President is greatly constrained by the bureaucracy, but that doesn't actually mean that the bureaucracy is this all-powerful behemoth. What does it mean for "the rest of DC" to say something? Even in a 95% blue town there are Republican officials and justices and appointees and mandarins. If the bureaucrats want to unfire someone: Who's going to sign the paychecks? ; Who's going to sign off on maintaining the security clearances? ; Who's going to assign work? These are all people who would have to report to the President, or report to somebody who does. Why would the FBI step in and arrest people? This is a very unusual circumstance you're proposing, it would be unique in the history of the United States, and not "What would change, really?"
I'm moderately skeptical that DC will actually prove capable of being reformed and constrained any time soon, but it's not as though DC is this perpetual motion machine that escapes all laws of history and politics. Yeah, it would be a big deal if Trump got into office and tried firing people: that's why they don't want it to happen!
The same people who do so right now. (I mean, it's not like Biden is doing so.)
Again, on paper. What if they just don't? The President's orders aren't magic — they contain no inherent power to compel obedience in and of themselves.
Because they're as anti-Trump as the rest of the > 90% Leftist fed bureaucracy, and thus they'll agree with them that Trump can't fire John Q. Bureaucrat, and that John Q. Bureaucrat is still a federal employee. And attempting to obstruct a federal employee in the course of his duties — which is, in this view, what anyone attempting to remove John Q. Bureaucrat would be doing — is a federal crime. Why wouldn't the FBI arrest someone they believe to be committing a federal offense?
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Can't they rehire people as a contractor and effectively give them a pay rise? This is standard practice in many bureaucracies, as far as I understand it.
There are all kinds of Yes-Minister style games you can play.
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APA review, NEPA review, Hiding the relevant documents from the president and hoping he forgets, lawsuits, injunctions, protests; if Trump succeeds in firing a large portion of the entire civil service, you think tens of thousands of intelligent, well-connected people in the same city all pissed off at the same guy won’t be able to do anything about it?
While those are all real possibilities, they are very distinct from the scenario you described above: Bureaucrats unfiring somebody by disobeying direct orders.
That specific scenario may or may not be plausible. I don’t know how the federal government’s payroll software works, but that is the level that these things need to be analyzed on if you want a clear or definitive answer.
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