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.Received a letter from POTUS today purporting to remove me as Commissioner & Chair of @FEC. There’s a legal way to replace FEC commissioners-this isn’t it. I’ve been lucky to serve the American people & stir up some good trouble along the way. That’s not changing anytime soon. pic.twitter.com/7voecN2vpj
— Ellen L. Weintraub (@ellenlweintraub.bsky.social) (@EllenLWeintraub) February 6, 2025
“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"?
77 comments:
“ Is that "inefficiency, neglect of duty, or malfeasance in office"?”
Sounds like it to me.
Ya, seems like all three.
She's fired.
Leftist Soviet Democrats use dishonesty ???? - wow. first we've heard.
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."
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".
"Well behaved women seldom make history."
And that's why - depending on your perspective - so many historical women have been fucking disasters.
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?
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
"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...
Best version is with Bobby Weir, especially if he segues into Turn On Your Woke Light.
JSM
So Trump is removing her as a Member of the FEC, but not yet formally closing her employment. Got it.
Throw the bums out!
Take her to court.
Bye - leftist B.
Election laws must be skirted to help the corrupt left win.
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.
"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.
She's not leaving, however.
Seems insurrectionist. Hopefully, Trump will put her in Gitmo with the others.
Malfeasance, clearly.
I am with the people who wonder how a single 6 year term turns into 23 years.
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
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.
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?
She is NOT a tumor! It’s a disease of the blood 🩸
#RebelwithoutaClue
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.
And I would bet that Samantha Power is also a Blueshevik.
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?
“Good trouble”?
BAD rubbish.
"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?
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.
Embrace the power of "and".
I've already begun to suspect that the massive protests have been missing because USAID is not there to fund them.
"Independent from whom or what?"
'Independence from impartiality'
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.
If you need ID to get into the Democrat Party Convention - you need ID to vote.
She would be wise to accept a general discharge if the alternative is a bad conduct discharge.
Desperate Beagle-torturers are rage-filled that Musk is aiding Trump in draining the cesspit of democrat-Soviet corruption.
"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.
I’d let her slide on “malfeasance,” though it’s close. But inefficiency and neglect of duty? Seems pretty self-evident to me.
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.
Democrats are hoping Trump comes down with Dupuytren's Contracture from signing all those Executive Orders and firing letters.
"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!!
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.
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?
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.
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
"Fasten your seatbelts. It's going to be a bumpy ride" Heh.
Martyrdom without actual death. The Passion of the Wonk
Is that "inefficiency, neglect of duty, or malfeasance in office"?
We will find out in the inevitable litigation.
“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.
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.
“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.
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.
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.
test
Is that "inefficiency, neglect of duty, or malfeasance in office"?
Do you see any of that language in Trump's letter?
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.”
Mark.
Not needed. YET.
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."
No one knows the troubles she's faced. No one knows the "burdens"... uh, burdens she's carried.
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.
She has been there 17 years past her tenure. She needs to go find another job.
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.
I love that concept that the President can fire her, but "that's not the right way" - declared by her.
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
"You don't like me! You really really don't like me!"
Shoulda sent in a S.W.A.T. team.
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.
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.
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.
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.
I'm betting that Trump and his team have some pretty significant malfeasance evidence on every exec he's terminated (or at least de-positioned) so far, which would handily explain their reluctance to hire high-dollar law firms and sue. (Not to mention the problem that with AID-grift funding through some convenient NGOs down the toilet for the foreseeable future, the typical DC lawyer won't be quite as happy about taking on the government on a losing proposition. Someone pointed out that Trump's letter didn't fire this loathsome female in particular , just "decommissioned" her, and after 20 extra years, good riddance. So far his legal advice has been well-grounded -- I wouldn't bet on her prevailing, if she's reckless enough to sue. Lodging herself like a tick in the body politic and publically flaunting her intransigence doesn't sound like a winning strategy in the current climate.
"The question that needs an answer is why hasn't a replacement been nominated and approved in the many years since her term expired."
Because she's doing what The Swamp wants done. Why would they want to replace her?
Sounds like this is unconstitutional- the agency that is. There cannot be an agency that is not one of the three branches of government- and I would suggest that all agencies fall under the executive branch
There was an unemployment case in Los Angeles a few years ago. A law firm fired an employee for stealing from the clients. The employee filed an appeal to unemployment (Because the former employer had said that stealing from clients was cause for firing.) but the Unemployment office sided with the employee saying that stealing from the law firm's clients was not SPECIFICALLY laid out, by the employer, as an offence that could lead to termination in the conditions of employment.
You would think that common sense would have prevailed here, but the Unemployment offices in California bend over backwards to get as many people benefits as possible.
That's a part of the way that government bureaucracy works. It's still really hard to fire someone for obvious deriliction of duty or insubordination. (But post a right wing meme on your social media and all bets are off.)
52 U.S. Code § 30106 - Federal Election Commission
"(a) Establishment; membership; term of office; vacancies; qualifications; compensation; chairman and vice chairman
(1) There is established a commission to be known as the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and 6 members appointed by the President, by and with the advice and consent of the Senate. No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party."
The President appoints the members. Seems to me he should be able to fire them
Originally I didn't take her failure to leave when her term ended as a bipartisan problem - both Republican and Democratic presidents let the situation continue so the fault is on them. After reading the rest of the story it became just another boring story of someone who thinks they are smarter than everyone else and who manipulate things to prove their point but actually just waste other people's time and money because they can.
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