February 7, 2025

"Good trouble."

Readers of this tweet need to remember that "good trouble" is a stock phrase, not some impish creation of Weintraub's. It's serious. As Grok tells us: "good trouble" was used by John Lewis, the civil rights leader and Congressman, to describe his experience participating in protests and civil disobedience.

I can see that some people are reading her tweet to mean that she's refusing to leave, but you don't need to read it that way. On the text alone, I would say she might be abiding by his demand that she leave, even though she also wants to say that he did not use the proper method. Is she going to stay where she's been told to leave?  The reference to "good trouble" might suggest that she is, but it's in a sentence written in the past tense: "I’ve been lucky...."

“Congress explicitly, and intentionally, created the F.E.C. to be an independent, bipartisan federal agency whose commissioners are confirmed by Congress,” said Trevor Potter, a former commissioner and chairman of the commission].... “As the only agency that regulates the president, Congress intentionally did not grant the president the power to fire F.E.C. commissioners.”...

I think Potter means to say the President can't fire her at will, but he can fire her for cause. That's what Weintraub means by "There's a legal way." The relevant statute says: "Commissioners may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office."

Is there cause? The NYT says: 

Ms. Weintraub was the chief architect of a novel strategy to further paralyze the commission in partisan deadlocks in order to compel enforcement of the nation’s election laws through the courts. She previously described it as a last resort after years of enforcement efforts being stymied by the three Republicans on the commission....

The internal link goes to a 2021 NYT article, "Democrats’ Improbable New F.E.C. Strategy: More Deadlock Than Ever/Here is the inside story of how Democrats, after a decade of defeats at the nation’s top campaign watchdog, are trying to enforce election laws in part by losing on purpose in federal court." Excerpt:

The chief architect behind the strategy is Ellen L. Weintraub....

Here is what has been happening behind closed doors, according to people familiar with the commission’s private executive sessions: First, the Democrats are declining to formally close some cases after the Republicans vote against enforcement. That leaves investigations officially sealed in secrecy and legal limbo. Then the Democrats are blocking the F.E.C. from defending itself in court when advocates sue the commission for failing to do its job.

Lee E. Goodman, a Republican former F.E.C. chairman who stepped down in 2018, said the tactic amounted to “sandbagging federal judges” by making them believe deadlocked cases are unresolved. “While we can admire it in its creativity, it fundamentally rests on a dishonesty,” he said.

Is that "inefficiency, neglect of duty, or malfeasance in office"?

71 comments:

Jersey Fled said...

“ Is that "inefficiency, neglect of duty, or malfeasance in office"?”

Sounds like it to me.

Breezy said...

Ya, seems like all three.

Amadeus 48 said...

She's fired.

Peachy said...

Leftist Soviet Democrats use dishonesty ???? - wow. first we've heard.

Enigma said...

Pride goes before destruction, example #382,302 from D.C. in the last few years. "I don't FEEL that I've done a bad job."

Leland said...

On all these hirings, I expect push back, err Good Trouble. I expect them to take time, but I think they'll ultimately fail. The question most will have to ask, can they afford the legal cases to fight it? Some of them will get tons of pro-bono support, but some of the financial backing is being dismantled. They'll have to choose what battles to fight. I think FEC is a battle they'll choose, and I don't blame them for choosing it. However, if her record isn't that clean, she will lose.

DOGE's job is to root out "inefficiency".

RideSpaceMountain said...

"Well behaved women seldom make history."

And that's why - depending on your perspective - so many historical women have been fucking disasters.

Aggie said...

Hey I've got an idea: Let's have Congress take a vote on whether she's fired or not. It's a majority vote - right?

john mosby said...

Asked my family doctor now what i had,
I said doctor doctor
Mister MD (doctor)
Now can you tell me (doctor)
Whats ailin me
He said yeah yeah yeah yeah yeah
Yeah yeah yeah yeah yeah
Yes indeed
All you really need is
Good trouble!
Got to have trouble….

JSM

RideSpaceMountain said...

"She previously described it as a last resort after years of enforcement efforts being stymied by the three Republicans on the commission...."

Prima Facie that Chesterton knew well what fences he was talking about...

john mosby said...

Best version is with Bobby Weir, especially if he segues into Turn On Your Woke Light.

JSM

Rocco said...

So Trump is removing her as a Member of the FEC, but not yet formally closing her employment. Got it.

Michael Fitzgerald said...

Throw the bums out!

Peachy said...

Take her to court.
Bye - leftist B.

Peachy said...

Election laws must be skirted to help the corrupt left win.

hombre said...

Just another Democrat seditionist. Dog bites man. She would not see her actions as corrupt, nor would complicit lawyers, because with Democrats corruption is a feature, not a bug.

Dixcus said...

"purporting to remove me"

There is no way anyone could read this and then presume she is leaving. There is no reading of this statement that suggests that.

Dixcus said...

She's not leaving, however.

Seems insurrectionist. Hopefully, Trump will put her in Gitmo with the others.

Quaestor said...

Malfeasance, clearly.

Jay said...

I am with the people who wonder how a single 6 year term turns into 23 years.

Breezy said...

Apparently her term actually ended a long time ago?? Talk about swamp creature…!

https://redstate.com/terichristoph/2025/02/07/fired-fec-chair-refuses-to-leave-n2185315#google_vignette

Clyde said...

Interesting that Weintraub and Helmuth (in the previous post) are both on Bluesky, the place for people who want more censorship than is now available on Twitter.

Quayle said...

Maybe Congress would like to set up a small department within the administration that they run and control, but it is nominally under the administration.

What would Con Law Prof. Althouse say about that?

Iman said...

She is NOT a tumor! It’s a disease of the blood 🩸

#RebelwithoutaClue

Dave Begley said...

Two sayings:

1. A fraudulent conveyance is better than no conveyance at all.

2. Better to ask forgiveness than permission.

Just sack this woman and stop the bleeding. Let it get sorted out later.

Clyde said...

And I would bet that Samantha Power is also a Blueshevik.

Quayle said...

We keep hearing this word "independent agency". The "Independence" of the Department of Justice", for example. Under our Constitution, what in the world does that mean? Independent from whom or what?

Iman said...

“Good trouble”?

BAD rubbish.

David53 said...

"Commissioners may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office."

So who gets to decide if she has been inefficient, etc? What, in her mind, is the legal way to remove commissioners?

GRW3 said...

There's also something about her staying on 20 years past her appointed term. How did that happen? I suspect the point is that DJT wants the FEC to declare that ID is required for federal elections.

GRW3 said...

Embrace the power of "and".

GRW3 said...

I've already begun to suspect that the massive protests have been missing because USAID is not there to fund them.

RideSpaceMountain said...

"Independent from whom or what?"

'Independence from impartiality'

BarrySanders20 said...

It's bureaucratic shithousery which is a sub-genre of "inefficiency, neglect of duty, or malfeasance in office" and is neither fashionable nor tolerable in the times of DOGE. So yes, this is for cause.

Peachy said...

If you need ID to get into the Democrat Party Convention - you need ID to vote.

tim maguire said...

She would be wise to accept a general discharge if the alternative is a bad conduct discharge.

Peachy said...

Desperate Beagle-torturers are rage-filled that Musk is aiding Trump in draining the cesspit of democrat-Soviet corruption.

Quayle said...

"That leaves investigations officially sealed in secrecy and legal limbo. Then the Democrats are blocking the F.E.C. from defending itself in court when advocates sue the commission for failing to do its job."

The "If I can't win then nobody is going to win" approach to governance and use of the taxpayer money.

Big Mike said...

I’d let her slide on “malfeasance,” though it’s close. But inefficiency and neglect of duty? Seems pretty self-evident to me.

Bob Boyd said...

Thanks for linking that.
From the article:
....Commissioner Weintraub, who had managed to cling to her job for an extra two decades due to something called "holdover status" because a replacement was never named.

Who names the replacement? Congress? The President?
Somebody just name a friggin' replacement and send this gentle lady to the glue factory already...with the thanks of a grateful nation.

Wince said...

Democrats are hoping Trump comes down with Dupuytren's Contracture from signing all those Executive Orders and firing letters.

gilbar said...

"As the only agency that regulates the president"
could some Constitutional Scholar please cite me Chapter and Verse (Article and Section)?
WHERE this power to "regulate" the President comes from?
I'm guessing the 2nd Amendment? Maybe the 10th?
Please Help Me! apparently, i DON'T understand!!

Bob Boyd said...

Weintraub's strategy sounds very inefficient to me. It sounds lawfare-ish. Sounds like deliberately sabotaging the functions of her agency for partisan reasons by throwing a wrench into the gears. Is that not malfeasance?
Dubya's judgement sucked.

gilbar said...

GRW3 said:
"protests have been missing because USAID is not there to fund them."
Exactly!
HOW can you protest the Government.. If the Government WON'T pay you to Protest the Government?

WhoKnew said...

John Mosby said "Best version is with Bobby Weir, especially if he segues into Turn On Your Woke Light." That is indeed an excellent version, but nothing beats The Rascals.

WK said...

Babe, I'm gettin' the message it's finally comin' through
After the show I'll get a hold of you
Baby, I've got your number and I remember your name
And I've got a feelin' I know why you came

So let's get in some good trouble tonight
Get ourselves in deep
We can stay awake and dance all night

William said...

"Fasten your seatbelts. It's going to be a bumpy ride" Heh.

Howard said...

Martyrdom without actual death. The Passion of the Wonk

Lexington Green said...

Is that "inefficiency, neglect of duty, or malfeasance in office"?
We will find out in the inevitable litigation.

Smilin' Jack said...

“The reference to "good trouble" might suggest that she is, but it's in a sentence written in the past tense: "I’ve been lucky....”

That’s actually the present perfect tense, denoting past actions continuing into the present. I’d interpret it as meaning that she intends to stay in that cushy job as long as she can get away with it, typical bureaucratic behavior.

prodigal said...

Is that "inefficiency, neglect of duty, or malfeasance in office"? IDK, take your pick. What I believe Trump is doing here, and with so much of the DOGE related efforts, is the bring all of this out of the bureaucratic shadows and in to the light forcing a defense of the indefensible. Those that rail against him will be forced to defend their issues and I believe they will lose on all levels.

One Fine Day said...

“As the only agency that regulates the president, Congress intentionally did not grant the president the power to fire F.E.C. commissioners.”

Well there's your problem, right there. There are checks on executive power outlined in the Constitution, and an agency "that regulates" the President is nowhere to be found.

Yancey Ward said...

Congress can't create an agency independent of the executive branch- the Constitution is clear on this- there are only three branches of government- full stop. The Congress that created the FEC knew this which is why they had to give the President the power to fire people like Winetraub in the first place. Weintraub can go to court if she likes but any case she brings will get quickly slapped down at the appeals level or SCOTUS even if she finds a compliant district judge.

TreeJoe said...

The FEC is a questionable agency, to the point when Congress first put it in place it was found unconstitutional because it appoints Officers and those Officers were appointed by Congress rather than by the Executive. That was subsequently amended.

Of the 6 commissioners, 4 need to be in place for the agency to function as designed. And for many years, there haven't been four - meaning, literally, it's an agency whose leaders can't even function.

Ellen Weintraub pretty clearly serves at the pleasure of the President, and I would argue - perhaps - that the letter of termination was too nice. It should have listed the reasons for termination consistent with her inefficiency and neglect of duty.

They tried to give her a graceful way out and she didn't want it.

By the way, as a reminder, she's one of 6 appointees. It's not like there's not colleagues already in place to continue her duties.

Peachy said...

test

Mark said...

Is that "inefficiency, neglect of duty, or malfeasance in office"?

Do you see any of that language in Trump's letter?

Peachy said...

OT: Lying C*** Hillary - NOT NEEDED

Hillary - in MSNBC fashion - blamed Trump for plane crashes.

Reality from SEan Duffy:
Duffy certainly wasn’t fooled. “I know you’re lashing out because DOGE is uncovering your family’s obscene grifting via USAID, but I won’t let you lie and distort facts,” he replied with a masterly dig at Hillary over the Clinton Foundation’s and Chelsea Clinton’s lucrative USAID payouts.
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The secretary continued, “The FAA administrator announced he resigned over a month before Trump took office, and the air traffic controllers were always exempt from Trump’s civil service buyouts. The previous administration shamelessly used USDOT as a slush fund for the Green New Scam, throwing away money and resources on wasteful environmental and social justice projects rather than updating our nation’s antiquated air traffic control systems and other critical infrastructure.”

The reality is that our infrastructure needs serious updates, and both commercial airlines and the military have now spent years hiring people not based on their qualifications but based on their skin color and sexual “identity.” DEI, outdated infrastructure, and climate alarmism are the problems, not the new Trump administration.

Duffy added, “I’m returning this department to its mission of safety by using innovative technology in transportation and infrastructure. Your team had its chance and failed. We’re moving on without you because the American people want us to make America’s transportation system great again. And yes, we’re bringing the 22-year-olds with us.”

Peachy said...

Mark.
Not needed. YET.

Jerry said...

She serves at the pleasure of the President. The President is not pleased, therefore she is no longer to serve.

"But this is not the right way to fire me!" "Don't worry, the formal termination notice is on its way. Start packing your office. On second thought, just leave your keys on the desk and walk out NOW."

n.n said...

No one knows the troubles she's faced. No one knows the "burdens"... uh, burdens she's carried.

effinayright said...

Mark said...
Is that "inefficiency, neglect of duty, or malfeasance in office"?

Do you see any of that language in Trump's letter?
*******************
Since the POTUS has the plenary power to remove her, he doesn't need to kowtow to Congressional language that illegally tries to limit his authority.

Arashi said...

She has been there 17 years past her tenure. She needs to go find another job.

JIM said...

The FEC needs an audit too. That would fall under the good trouble category.
I will note they did not file a election violation against Trump's payment to Stormy Daniels.

TreeJoe said...

I love that concept that the President can fire her, but "that's not the right way" - declared by her.

gilbar said...

So..
She is serving a 6 year term
that started in 2002, and ended in 2008
she CAN NOT be fired
she not Only, doesn't have to do any work;
she can STOP the Entire Agency from working..
Oh, and (don't forget!); she CAN NOT be fired.

ALL of this sounds Constitutional..
IF you mean, the living Constitution of the Democrat Deepstate

PM said...

"You don't like me! You really really don't like me!"

BUMBLE BEE said...

Shoulda sent in a S.W.A.T. team.

wildswan said...

This was flung over the transom and seems to be report from a certain angle on "good trouble in DC.

News continues to trickle out from the DC Exclusion Zone. Intrepid reporter Match Taibi confirms that Godzilla is trampling DC into "smithereens" though no one seems to care. "They're for it, if anything," said Taibi,who claims to have received a T-shirt from a tall woman in sunglasses. The T shirt had the cryptic slogan, "I really, really don't care." Fearless Match explained that he had previously been the wartime correspondent in such danger zones as the RNC where he sustained severe bruises from sudden Heil Hitlering. "It's simply not true that I was celebrating 2:37 in the morning," said the venturesome Taibi. Water Kern responded that after attending a Literally Hitler rally in 2024 he was glad to get back to Montana where "the only danger is mountain lions and wolves." Taibi confirmed sightings of Yeti and the Abominable Snowman. "I talked to Gladys Bunk, a USAID disinformation specialist with a network I can't name," Taibi chortled, "and she showed me a PowerPoint which showed that everything showed the hallmarks of a Russian disinformation campaign or something. But I myself saw Yeti eating in the Executive Dining Room at the State Department." "But wasn't that traumatic," quavered the interviewer, a USAID disinformation specialist with another network which can't be named. "No," laughed Taibi,"why would Yeti bother with me with all that caviar available." A USAID disinformation specialist working for R.... (Europe) confirmed that Nessie had been turned back as she attempted to board for DC at London's Heathrow airport. An alert Immigration Officer/ Labour Party member tripped over her 17-foot tail, rendering her disguise of a trench coat and an attitude useless. Members of the public in the line had noticed the tail but thought that a teen-ager was cosplaying. The Labour Party member (pronouns privileged emploment, entitled sneer), however, noticed Nessie's MAGA hat and decided to hassle her. Mistake - she wasn't a Conservative while voter. He is expected to make a good recovery as brain damage has never been a bar to a good future on the Progressive side of things. Nessie is back in Scotland after invoking her Protected Species status. "My pronouns are she, her," Nessie declared to cheering crowds as she was led onto the Flying Scotsman train, "because I'm just an animal, thank God, not a human and I know who I am. But I hear there's quite a party in DC, oh aye. You may see me there yet, harumph" The crowd cheered even more wildly while a BBC/USAID disinformation specialist (pronouns zih, mim) shot pictures of a column in the station with the cammera's mute button set to ON. "I cover events like a blanket," zih sniggered.

RCOCEAN II said...

Good gravy, you guys just don't get do you? This is lawfare. She will be suing in court and find some Leftwing District Judge who will issue an injuction. Look at what's happened so far...Federal Judges will do anything to stop Trump. And they will stop Trump from getting rid of her.

RCOCEAN II said...

Why Republicans and Conservatives are so dumb when it comes to lawfare, i have no idea. some DumboCons cant tell the difference between a state judge and a Federal one, or they don't understand that one single District judge can stop the POTUS from doing almost anything.

The only thing that can stop an out- of- control District Judge is the Federal Appeals court or the SCOTUS. That's the moronic 'murican way.

Rabel said...

If anyone wishes to read the enabling legislation rather than stumble around in the dark - here it is.

Notice (a)(2)(B).

The question that needs an answer is why hasn't a replacement been nominated and approved in the many years since her term expired.

She's not the only one serving past her term.

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