Chris Johnson

Bassent v. Dellinger, 24A790 (SCOTUS)

We’ve talked about the process of litigation in a civil suit.

A complaint is filed. In the complaint, the plaintiffs state what they are challenging, why they believe the law supports them, what harm they are suffering, and what relief they seek.

The facts in this case are that on Friday, February 7, 2025, Trump “fired” Dellinger. Dellinger was “Special Counsel”. Being a legal eagle, Dellinger filed suit in federal district court to stop Trump from firing him. Before the government could even respond to the filing, the court held a hearing.

The court issued an “administrative stay” on Trump’s action. This is a made up term. A Court can issue injunctions, a TRO is a type of injunction, and they can issue judgments. They can also stay injunctions and judgments. They can’t “stay” things outside the court system.

So “administrative stay” is actually a TRO but using language to hide the fact.

The court’s order required the government to “recognize Dellinger as Special Counsel” and to let him back into the office. It also required the acting Special Counsel to be removed from the position.

That TRO ran through February 13th.

The pending TRO motion raises its share of difficulties. For one thing, it would be difficult for Dellinger to show a likelihood of success in light of Collins v. Yellen, 594 U.S. 220 (2021), and Seila Law LLC v. CFPB, 591 U.S. 197 (2020), which held that Article II of the Constitution prevents Congress from restricting the President’s ability to remove officers who serve as the sole heads of agencies that wield significant executive power. For another, it would be difficult for Dellinger to show irreparable injury during whatever modest amount of time may be necessary to adjudicate an expedited motion for preliminary injunction, either to himself or to an agency that would otherwise have a presidentially designated acting head. The entry of a TRO, no less than the entry of a preliminary injunction, would require showings of both a likelihood of success on the merits and interim irreparable injury. See, e.g., 11A C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 2951 n.45 (3d ed.) (collecting cases). And the district court, in the order before us today, did not address likelihood of success and made only a tentative finding of possible irreparable injury.

This is exactly right. The Winter factors order the courts to first look at the likelihood of success on the merits. The inferior courts are required to do so. If the district court judge and called this a “TRO” he would have had to use the Winter factors.

By using a made up term for TRO, the judge attempted to avoid the clear instructions of the Supreme Court on how to decide if an injunction should be issued.

To put this in perspective, Winter factors are to court cases what the four rules of gun safety are to gun culture. If somebody doesn’t fallow the four rules, they are at best ignorant, at worse willfully dangerous to themselves and others.

For the court to ignore Winter factors falls into the same category as pointing a loaded pistol at your junk and seeing how fast you can take up the slack in your trigger.

Katsas, the Circuit Judge writing above, says that the Winter factors were not used. The District judge did a shit job. Then went on to say that this case was not ripe to be heard. That Trump needed to wait until a TRO or a preliminary injunction was issued.

This is bogus.

Any time a Constitutional protected right or authority is delayed, irreparable harm has been done. A right delayed is a right denied.

The district judge has gone rogue.

The Trump administration was having none of this. They reached out to the Supreme Court, via their emergency docket, 24A790 to vacate the district court’s order.

So what authority did The People grant the President?

The executive Power shall be vested in a President of the United States of America. Article II, § 1, U.S. Constitution.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
— Article II, § 2, U.S. Constitution

He is the boss of the executive branch. There doesn’t seem to be much limiting him. The limits are for Treaties, appointments of Ambassadors, public Ministers and Consuls, Supreme Court justices, and all other Officers of the United States.

Dellinger is an officer of the United States.

The Constitution does not explicitly lay out that the President can fire anybody. On the other hand, it has long been recognized that the authority to hire comes with the authority to fire.

What is the argument of Dellinger as to why SCOTUS should not vacate the order? That it would be granting an exception to the general rule that TRO’s can’t be appealed.

Amazing, the state seems to appeal any TRO that goes against them. But now TRO’s can’t be appealed?

Dellinger has not shown he has been harmed, much less irreparably harmed. It is unlikely that he will succeed on the merits of his case. Yet, he wants to let an inferior court stop the President while the case winds its way through the halls of (in)justice.

White paper with musical notes closeup background. Music writing concept

Tuesday Tunes

I purchased my first motorcycle when I was in the 7th grade. It was a dirt bike, a Yamaha MX80.

I feel in love with riding. The only issue I had was that there was no gas station on base. To get gas for my bike I would have had to walk a mile and a half from the gate to the gas station and then walk that same mile and a half back to the gate to get back on my bike.

Or I could have ridden my bicycle to the station and back.

The other option was that I could ride to the closest point to the gas station. There was a hole in the fence.

So I would do that. I would take the gas tank off the bike, carry it through the hole, across the road and fill it.

It cost $0.25 to put a gallon of gas in the tank.

When we moved, it was a little easier to get gas. I could ride the bike across one road to get gas.

I sold that bike when gas went over a dollar per gallon. I couldn’t afford it.

About this time, Jimmy Carter managed to fuck over the economy to the point where there was a perceived shortage of gas.

This caused the price of gas to go up. It leads to gas shortages and other things.

The congress responded with exactly the wrong answer. The put a nationwide speed limit in place.

They decided that the maximum legal speed should be 55MPH.

Now, if you have ever lived on the East Coast, you know that the difference between 55MPH and 65MPH really doesn’t mean much. Traffic is bad. If you are lucky, you might shave 5 minutes off a two-hour trip.

On the other hand, in the Midwest and west, the difference between 55MPH and 65 or 70 MPH can make a huge difference. The distances being traveled and the ability to maintain those speeds make it a significant difference.

This song and the movie based on it are part of the culture of rebellion that was happening as The People pushed back against the 55MPH mandate.

In this video, you can see that the gigantic crime The Rubber Duck committed was driving 63MPH in a 55MPH zone.

We, The People, are pushing back. Thank goodness.

Network access storage NAS, cloud computing.

Thank You for the tools…

There are a few servers that are too old. There is a need for a few more servers to get a room level redundancy. These things can be expensive.

As I’m cheap, I’ve been using older servers that accept 3.5″ disk drives. Some except 2 drives, some 6, some could accept more, but the case doesn’t.

The fix I chose was to move to some four bay NAS enclosures. This is a reasonable size that balances with the network I/O capability.

These enclosures all take the Mini-ITX motherboard.

These motherboards are nothing short of amazing. In the middle tier, they have all the things a full-size motherboard has. Some have 4 memory slots, some only 2. They come with 1, 2, 4 Ethernet ports. Some have SFP ports. Some have SATA ports. The number of SATA ports ranges from 1 to 6. Some come with PCIe slots.

Depending on what your needs are, there is a motherboard for you.

Since this was going to be a NAS, the motherboard I selected had to have 4 SATA ports, an NVMe slot, and SFP+.

Yep, this exists. They don’t exist at the price point I wanted to pay. It finally clicked with me. I can just put an SFP+ PCIe card into the machine.

Thus, I picked a motherboard with 4 SATA, 1 Ethernet, 1 USB3, 1 PCIe slot, enough memory and 2 M.2 slots.

Some NAS enclosures do not have the opening for a PCI slot, so it was important to pick a case that had the card opening.

When I got the enclosure I was impressed.

It is a sturdy, thick steel case. There is no plastic on the entire thing. There are for hot swap disk bays plus mounting space for 2 2.5″ drives. Exactly what I was looking for.

When I went to install the motherboard, I was shocked to find that the CPU cooler didn’t fit. I ordered a low profile. I’m impressed with that as well.

I get the board mounted. It looks nice. I go to close the case and the cover won’t fit on. The cover has a folded U channel that goes over the bottom rail of the case to lock the case closed.

The problem is that there isn’t enough space between the edge of the motherboard and the bottom rail for the U channel to fit.

My first real use of the right-angle die grinder. I don’t have a cut-off wheel for it, so I just ground the edge away and it worked.

Of course, I gave myself a frost burn because I was too busy to put gloves on to handle the die grinder.

Back to the worktable, the cover now goes on. I plug a wireless USB dongle into the USB 3.0 and boot. Nothing.

It took me a couple of days before I figured it out. The case came with no documentation. The front panel connector has both a USB 3 plug and a USB 3 plug. I plugged both in. You are only supposed to plug in one. Fixed.

The installation happens, I’m happy. It is fast enough, it is responsive enough. I just need to get it put in place with the fiber configured.

I take the cover off the back slot. Go to put the PCI card in.

The (many bad words) slot does not line up with the opening in the back of the case.

The open in the back is off by 0.8 inches.

I consider cutting another card opening in the back. That won’t work. The card would be half out of the side of the case.

I ordered the cutoff wheels for the die grinder, I know I’m going to need them.

I decided to cut the back opening wider. This will leave an opening that can be taped closed on the PCI side. It allows me to use the existing slot with retaining hardware. I good idea.

All I need to do is unscrew the standoffs, drill and tap four holes in the right place, and I’m done.

Except… Those standoffs are pressed into place. They don’t unscrew.

No problem. I have a set of standoffs. I’ll just cut the existing standoffs off. Drill and tap holes in the right place and use my standoffs.

Except… My standoffs are the normal length. These standoffs are a custom length. I can’t do that.

Tools to the rescue

First stop, the arbor press. It is a small 2 ton press. I have no problems pushing out the standoffs. The press also removes the bulge from removing the standoffs.

Next step, the milling machine. Using the gage pins, I found the size of the holes is 0.197-0.198. Measuring the standoffs, I get 0.208. I settled on 0.201 for the hole size. I should have gone a 64th smaller.

There is no way to clamp this thing in the vise. I do have strap clamps. The case is quickly put into position.

The first hold is located, then drilled. No issues.

Except I don’t have enough travel to reach the other three holes. I reposition the case on the table and go for it.

I go back to the arbor press to put the standoffs back in. I don’t have enough height to support the case while installing the standoffs.

Back to the mill. Square to ends of a hunk of aluminum. Punch a 3/8in hole in it. Work on the mill vise and get the standoffs put back in place.

In the middle of this, I have an alarm, fearing that I put the standoffs in the wrong place. I do a quick test fit and everything is perfect.

It takes me a good hour to put the case back together with all the case mods done. It looks good. I’m happy with how it came out.

Today is search day. I have to find the 8 meter OM-4 fiber for this NAS, and I have to find the box of screws that came with the case for the hard drives. Once I have those, this can go into production.

I know what to look for on NAS cases. I’ll be building out a few more of these boxes over the coming months. First to replace two boxes which are too old. One for the redundancy.

The world will be good, or I’ll punch it again and again until it is good.

P.S. This is filler, the article about Trump’s win in the D.C. District court was taking to long.

canadian attorney clowning around and banging the gavel on his head

State of New York v. Donald J. Trump

A hearing was held on Friday. I expect the judge to issue an order regarding the Preliminary Injunction on Monday.

The TRO expired on Friday, so the judge will either issue an order regarding the case. If she is going to go rogue, she will want to have that done on Monday to stop the President from doing his duty. If she wants to respect the constitution, she will issue an order denying the preliminary injunction.

In my businesses, I sometimes had a bookkeeper. She would receive the bills, make entries in the books, then bring me checks to sign to pay those bills.

I could also tell her to issue a check to somebody or some business. It was never her job to tell me not to pay that person, nor to verify if that entity was supposed to get the money. It was my job to make sure that when I told her to pay an entity, that entity should be paid, and how much.

She was supposed to tell me “no”, only if it would run afoul of the law or if we didn’t have the cash for it. If it meant we would be short later, she still did it.

The Bureau of Fiscal Service (BFS) is that bookkeeper for the Federal Government. They are tasked with making payments. They are not tasked with verifying that the payment should be made.

The decision to make a payment comes from other entities within the bureaucracy.

A federal agency will develop, certify, and send a “payment file” to BFS through the Secure Payment System (SPS) with instructions on who is to be paid, when, and how much.
State of New York v. Donald J. Trump, No. 1:25-cv-01144, slip op. at 6 (S.D.N.Y.)

These payment files are checked against a list of “don’t pay”. If the recipient of the payment is on any of those lists, the payment is held. The agency that sent the payment file is responsible for determining if the payment is proper.

In the best of worlds, this would mean that no payments went to bad actors.

Now consider the case of the President issuing an Executive Order stopping payments to purple people eaters. There are dozens of agencies that send money to purple people eaters. All of those agencies are responsible for stopping payment files from going through to pay purple people eaters.

The BFS receives a payment file to send a payment to a PPE. If that PPE is not on the do not pay list, they will send the payment to that PPE. If the PPE is on a no pay list, the payment is held and the agency is informed.

If that agency sends back “pay it”, the BFS pays it. And the PPE gets money, regardless of what the President ordered.

When the bureaucracy is working with the President, every agency would have heard the “stop payments to PPEs” and would have done so. Any payment files that were already sent might be called back or stopped. If the BFS flags a payment as going to a PPE, everybody says “good job”.

If the bureaucracy is at odds with the President, they ignore the EO and do whatever the hell they want. If BFS flags any payments, they just order them paid.

If some agencies are attempting to obey the President, there can still be others that are not.

Worse, in many cases, contracts are let and budgeted. Some low level GS-2 with TDS can order a payment on a contract they control, and it just gets paid. Even if all of his bosses have told him “no”.

The President has ordered that no more payments to PPEs be made. To make this happen, he can either send people who are willing to obey him to every agency and every desk where somebody can send a payment to a PPE.

Or, he can send a few people to the BFS, and they can analyze each payment file as it comes in, check to see if it is a PPE payment.

Watching the bookkeepers doesn’t mean that the bookkeepers are doing something “wrong”, it is just the proper chock point in the flow of money.

The argument being made by these former treasury officials is that “career officials” are non-partisan and can be trusted to do the right thing.

For decades, BFS has been staffed by nonpartisan career employees led by nonpartisan career official…

There appears to be a claim without evidence that these workers are nonpartisan. At least they left off the “nonpartisan” when describing the fiscal assistant secretary, their boss.

They claim that all these nonpartisan career employees have undergone a security screening. Screening is one of those weasel words we see people use when they want the reader to think one thing when it isn’t true.

When I purchase a firearm, I fill out a 4473 and a “background check” is performed. This is a type of “security screening”. Having undergone a “thorough security screening” does not mean that this person has a clearance. If they had clearances, the brief would have said they have clearances.

This is intended to make it seem that the DOGE team’s actual clearances are not as thorough or complete as the BFS security screening. The reality is that any real clearance is likely better than the screenings these people got.

There is more, I’ll leave you with Grok’s explanation, it isn’t bad.

The document you’ve uploaded is a legal brief titled “BRIEF OF AMICI CURIAE FORMER TREASURY DEPARTMENT OFFICIALS IN SUPPORT OF PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION” in a case before the United States District Court for the Southern District of New York (Case No. 25-CV-01144). Here’s a detailed explanation:
Case Overview
  • Parties Involved: The State of New York and others are the plaintiffs, suing Donald J. Trump, in his official capacity as President, and others as defendants.
  • Context: The case revolves around actions by the Department of Government Efficiency (DOGE), led by Elon Musk, which has been granted access to the Bureau of Fiscal Services (BFS) payment systems within the U.S. Department of Treasury. This access is controversial and forms the basis of the legal challenge.
Amici Curiae (Friends of the Court)
  • Interest: The brief is submitted by former Treasury officials who have extensive experience with the BFS payment systems. They argue that their expertise provides valuable insight into the potential risks of the situation.
  • Purpose: Their brief supports the plaintiffs’ request for a preliminary injunction, which is a court order to stop an action temporarily until the case is decided.
Summary of Argument
  • Background: The brief outlines how DOGE, under Musk’s leadership, sought access to BFS systems, which manage federal payments, after resistance from career Treasury officials. This access was purportedly to cut federal spending by stopping certain payments.
  • Concerns: The amici express significant concerns regarding:
    • Political Interference: The risk of politically motivated decisions to withhold payments to entities or individuals based on policy disagreements.
    • Cybersecurity and Privacy: The potential for breaches involving sensitive personal and financial data.
    • Operational Risks: The danger of disrupting the payment system, which could delay or halt critical payments like Social Security.
Detailed Argument
I. Role of BFS
  • Functions: BFS is responsible for disbursing federal payments, processing about 1.3 billion transactions annually, and managing sensitive information like Social Security Numbers and bank details.
  • Process: Agencies certify payment files which BFS then processes, ensuring funds go to the right recipients without determining eligibility, which is the agencies’ role.
II. Risks of DOGE Access
  • Illegal Withholding: DOGE could illegally block payments based on political motives, bypassing the usual checks by career civil servants.
  • Data Security: Access by DOGE personnel could compromise sensitive data, leading to privacy issues or misuse of information for competitive advantage.
  • Operational Security: There’s a risk of system vulnerabilities due to inadequate vetting or training of DOGE personnel, increasing chances of cyber threats.
  • System Integrity: Even without malicious intent, changes or interference could disrupt the timely processing of payments, impacting trust and reliability.
III. Limitations of “Read-Only” Access
  • Ineffectiveness: Even limited access could enable DOGE to influence payment decisions through existing personnel, posing similar risks as full access.
Conclusion
  • The amici argue that the access granted to DOGE officials poses significant risks to the integrity of federal payment systems, advocating for the court to grant the plaintiffs’ motion for a preliminary injunction to prevent further access or misuse.
Key Points:
  • Legal Implications: The brief highlights potential violations of law, like illegal impoundment, where funds are withheld contrary to congressional intent.
  • Historical Context: It underscores the traditional non-political management of BFS by career officials, contrasting this with the current political oversight.
  • Public Trust: The integrity of payment systems is crucial for public trust and the functioning of government programs.
This brief is a call for judicial intervention to preserve the non-political, secure, and reliable operation of federal payment systems against what the amici perceive as inappropriate political interference.

— Grok

SCOTUS Watch Snope and Ocean State Tactical

Not what I intended to write about. The Court has surprised me, again.

Snope and Ocean State Tactical are both distributed for the conference of 2/21/2025.

We will near nothing about these cases before then.

This puts these cases on track for arguments in the new term. Those oral arguments could be as early as October. If the cases are heard in October, we could have an opinion by December.

We didn’t lose this one, the Court took a time out.

The United States of America v. New York State

You might have heard that the DoJ is suing Hochul and James. This is not quite true. They are being sued in their official capacity. So the Governor, Attorney General, and head of the DMV of New York state are being sued.

What is the suit about?

New York will give a license to illegal aliens. I am not sure how that works, but they do.

The license indicates that the person is an illegal alien. As an illegal alien, they have extra rights under New York law.

In particular, the “Green Light” law requires the DMV to inform the illegal alien anytime the feds request information about them from the DMV.

In 2019, New York amended its Vehicle and Traffic Law to include a provision known as the “Green Light Law.”
See N.Y. Veh. & Traf. § 201.12. The Green Light Law generally bars the sharing of New York State Department of Motor Vehicles (“DMV”) records or information (e.g., addresses, vehicle registrations, identification photos) with federal immigration agencies. See id. § 201.12(a). And it requires New York’s DMV Commissioner to promptly tip off any illegal alien when a federal immigration agency has requested his or her information. See § 201.12(b). As its supporters and sponsors made clear, the Green Light Law was passed to directly impair the enforcement of the federal immigration laws in New York. And those lawmakers have achieved their objective.

Things are happening.

Business concept Strategy of goldenf Chess Game, 3d rendering.

4D Chess?

Never attribute to malice, that which can be adequately explained by stupidity, Never interrupt your enemy when they are making a mistake., Your enemy is not stupid.

In 2016, I was listening to Ben Shapiro, he had a hate on for Trump. He would often say something to the effect, “The people who think Trump is playing 4D chess are wrong.”

I think I liked his analysis better when he was anti-Trump. He is all in this time around.

I do think that Trump was attempting to play chess during his first term. Unfortunately, people kept taking his pieces and knocking over the board. He lost.

Trump 2.0 is moving fast. He is moving so fast that the left can’t keep up. We can’t keep up. I wake up, go on X and look for what happened in the last 8 hours. And I’m often surprised.

As Second Amendment activists, we know exactly how the game will be played. We know that states that are anti-gun are going to pass regulations to infringe on The People. We know that the rogue lower courts will rule in favor of the state. We know that any relief will be blocked. We know that it will take years to get even one case decided.

Since June 2022, we have not seen a single 2A win. Every win in the lower courts has been halted at the circuit level. Every “temporary restraining order” has been upheld against us. Every preliminary injunction has been stayed, against us.

We have not won a single battle yet.

That doesn’t mean we aren’t winning. It means that this is a war, not a battle. We have to fight. We shall go to the end. We shall fight in the Ninth, we shall fight in the Seventh and Second, we shall fight in the Forth, we shall fight to the Supreme Court. We shall never surrender. With apologies to Winston Churchill.

Trump 2.0 came into office with a bang. The left was working hard to show a “peaceful transfer of power”, so they could club the right with the events of J6th.

But Donald hit the ground running. I believe he signed over 200 Executive Orders on his first day. Held multiple press conferences and attended a ball. I’m tired just thinking about his day.

There were surprises in those Executive Orders. The biggest for me was that everything was done right. When he announced the formation of DOGE, I was skeptical.

I “knew” that it would be challenged and DOGE would be devolved because it didn’t come through Congress.

I was wrong. He out played me as I looked over his shoulder. He didn’t create DOGE out of thin air. He renamed an existing agency. He then told the new agency to go do their job, with Elon leading it.

The promises he made, I expected to take months to accomplish. He was keeping promises within minutes of taking office. And not in ceremonial ways.

He issued an Executive Order giving the US AG 30 days to report what to do about the anti-2A situation within the Federal government. Last month, I would have considered this to be a shot fired over the bow of the enemy. I would have expected results sometime in late 2026.

Today, I expect the report to hit his desk in 20 some days. I expect actions to happen the same day. This is the speed that Trump is moving at.

As I said, in the Second Amendment advocacy space, we know what is going to happen. How do we know? We’ve seen it too many times in the past.

Trump 2.0 is out playing the left in so many areas. Why should I assume he messed up with these court cases?

When the state is fighting The People, they want things to move as slowly as possible.

The case in New York was filed at 9pm on Friday. The TRO was in place by 1AM Saturday morning. The TRO was modified by 5PM Monday.

Having set out the limits, the Trump administration has provided documentation to the court by 4PM on Tuesday to make sure that DOGE people will still have access. They have taken the “loophole” opening and driven a train through it.

They are obeying the letter of the TRO while doing what needs to be done. They are preparing to take this to the next level.

I believe they will attempt to combine multiple cases from rogue courts, headed by political provocateurs. These combined cases will be taken straight to the Supreme Court.

To put a since of speed on this, the case I’m following is averaging 10 new docket entries per day. At this pace, I should be tired of this case in the next 2 days.

canadian attorney clowning around and banging the gavel on his head

State of New York v. Donald J. Trump (25-cv-01144) S.D. New York

This is the case out of New York’s Southern District, under the Second Circuit. The Second Circuit is anti-gun and anti-“The People”. The Southern District translates to New York City.

If you can find a pro-gun or pro constitution judge in the Southern District of New York, you are doing better than most people.

The Lawfare team filed a case on Friday. The case was originally assigned to judge Paul A. Engelmayer for “part 1”. This seems to mean that he is the judge handling “emergencies”.

This is the judge that would handle the cops needing a federal warrant, right now. Or requiring a TRO to stop an ongoing situation with irreparable harm. Lady has just had the shit beat out of her and wants a TRO. The abuse TRO is a state issue, not federal, but I’m trying to explain.

As far as I can tell, they waited until they knew this particular judge was on duty and for it to be Friday night. In general, nothing happens in the courts over the weekend.

This particular judge issued a TRO around 0100 on Saturday. Go find some YouTube lawyers to explain how bad this judge did. It was bad.

To put perspective on the timing of this, the TRO was entered into the docket before the complaint was.

The Trump attorneys weren’t even on the case until Sunday. That appears to have been intentional for the plaintiffs (Bad guys)

The original judge put the case on a “fast track” that had hearings taking place later this week. The judge who is sitting on the merits of the case is having nothing of it.

She ordered the parties to meet and work something out Monday morning. They did, in part. Still not enough.

The plaintiffs waited until the last minute to file their memorandum of law (A statement of the laws they think Trump is breaking and why they believe he is breaking those laws.)

The Defendant, Trump, had their replied filed by 2200.

This stuff is moving rapidly. I expect to see movement on the case by the time you are finished your second coffee.

Portrait of a young businessman with finger on his lips

Clearances

Every piece of information the government or military processes has a classification level assigned to it.

Currently, the federal government lists four levels of clearances that are associated with classification levels.

The other level is “No Clearance”.

Information that is classified as “Confidential” could cause damage to national security if disclosed. Note the weasel word “could”. The definition will often add “without authorization”.

This is the “lowest” classification. There are really two other levels below this.

There is For Official Use Only (FOUO) which is sometimes called Sensitive Unclassified.

This is information that anybody working at a government site might be exposed to. It may not carry any markings. So if you were to see a list of SSN, you don’t have to be told that those are Sensitive Unclassified or FOUO.

This is the same in the health care industry or data processing industry. By this, I mean that there are laws in place that protect people from sharing my personal information. My doctor can’t share my health information. I can’t share your name or email information, if I collect it via a credit card payment.

This doesn’t mean that people aren’t stupid. At one government installation I used to work at, they had a recycling program for paper. You could take used printer paper home to use for projects and stuff. Think of using it in the bottom of a bird cage.

The head of the installation put an end to it when he picked up something at a local shop, wrapped in used paper. The paper was from the installation and had SSN plus wages printed on it.

By the time I got to the installation, we had industrial shredders. Every piece of paper that would have gone in the garbage was fed through the shredders.

What does this mean in terms of the DOGE team? If they are properly employed and tasked to do the work they are doing, they have all the clearances they need to see FOUO and Sensitive, Unclassified material. They don’t need a clearance to see and work with that data.

As soon as we move to information that is classified, certain things become true. First, it is supposed to be marked.

This is one of the issues with the Hilary emails. She had information on her private server that had no markings, which came from classified sources. Those classified sources were marked.

In addition, she was informed that the source of that information was classified, and the information was classified, regardless of markings.

In other words, if I observe a weapons test and I see something that I know is or will be classified, I must treat it as classified. Even if it is not “marked”.

So information is classified. It is classified by level. Just because you have a clearance, it doesn’t mean that you have access to the information.

You must also have a need to know.

I, personally, got racked over the coals by one Army Officer and then got to watch our security officer rake him over the coals. The difference being that the Army Officer could have had lots worse happen to him.

He was in an area that implied he had a clearance. I knew he had a clearance. I even knew what level he had. It was higher than mine, at the time. He asked to see some classified information and I refused.

For this, I was raked over the coals by this officer. I told him that I had to have confirmation from my security officer that he had a need to know.

He stormed out, came back with my security officer. He explained. The security dude asked if the officer had it right. I said “yep.” The security dude then ripped the officer a new one.

The army officer had to have a need to know. He did. But I don’t get to make that determination. Only authorized people can do that. One such authorized person was my security officer.

Above Confidential is Secret, above that is Top Secret, and above that is Top Secret, Sensitive Compartmented Information.

To be granted any clearance, you need to be vetted. That requires you to fill out several invasive forms. These are then used to start a background check. How through these background checks are depends on the level of clearance being requested.

Your clearance doesn’t belong to you. It belongs to the entity that wants you to have a clearance. That entity must have a clearance. The entity requests that you be granted a clearance. Your entity then gets the paperwork from you which is then handed over to the investigators.

When you are granted your clearance, your entity will be informed. Your entity will have a security officer at the least and may have an entire office dedicated to handling clearances.

My entity was Cray Research. Once their security office was informed I had received my clearance, they informed the security office where I was employed. At that point, I had a clearance. And nobody would have given me a bit of classified information.

The people I worked directly with were told I had a clearance by their security office. The people I worked indirectly with I told. They then verified with their security office.

When I left that government installation, my clearance still existed. It was “owned” by Cray Research. My clearance didn’t mean anything because I wasn’t at a government installation.

When I went to different government locations, where I had a need to know, my security people sent the proper security magic to the locations where I was going. This allowed me to see what I had a need to see.

When I left Cray Research, my clearance still existed. Cray Research no longer owned it. Somebody in the government had control over it.

When I joined a different company, they put in a request for my clearance, and it was granted because it already existed.

Ok. Done with me.

What this means is that the people that DOGE is using could have had clearances because of other projects they had worked. When they started working for DOGE, their clearances were either transferred to DOGE or their entity informed DOGE of what clearances they had.

So this nice young man of 20 or so wants to inspect a computer system at CFPB. The administration says, “Hell no, you don’t have the clearances to see our systems because you might see our data.”

The young man calls his security office and has them transmit the clearances to CFPB security. “Call your security office, they will verify that I have the clearances to access the systems and the data.”

The administrator, having lost the first battle, says, “You don’t have a need to know.”

The young man presents the orders he has been given him by the boss of CFPB and that is satisfied, after verification.

That’s how clearances work.

Now, the current NPC talking point is that this young man is unelected, reports to Elon, and as such will access data he shouldn’t and then use it or leak it.

When you hear this, you should translate it to: “Are you saying the FBI and other agencies can’t do a background check? That this young man with clearances shouldn’t have them? What agency or person are you accusing of granting a clearance to somebody that can’t be trusted?”

Yeah, I’ve about had it with Democratic(NPC) talking points.