Act Now

I may do a longer, maybe several longer versions of this post. But I think it’s important to state categorically and clearly: DOGE and Donald Trump are trying to shut down advanced medical research, especially cancer research, in the United States. Just that. That seems like a big statement. But it’s accurate. I communicate every day with people at NIH and its various centers. I’m not basing this on their personal responses to a harrowing and disorienting situation, though that is very important in itself. I am reacting to the broader picture built up by the facts emerging from these individual conversations, combined with other reporting and actions throughout the federal government. Reporting is inevitably focused on canceled grants, dismissed researchers, bans on certain forms of communication, on and off-again bans on travel, grant review processes halted.

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Acting DC US Attorney Ed Martin Is Out Of Control

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

Criminalizing Higher Education

In another reckless, unethical, and highly politicized move, acting D.C. U.S. Attorney Ed Martin is implicitly threatening Georgetown Law School with criminal investigation and explicitly blackballing its students unless the university ends all DEI efforts.

Martin’s threats against the Jesuit university came in a letter to the law school dean dated last month but apparently misaddressed and re-sent this week. (Well done, Ed, well done.)

“At this time, you should know that no applicant for our fellows program, our summer internship, or employment in our office who is a student or affiliated with a law school or university that continues to teach and utilize DEI will be considered,” Martin wrote.

Martin’s letter is similar to others he has sent over the past six weeks that abuse the power of his office to wade into political arenas and cast a pall of criminal suspicion over his targets.

The Georgetown letter is on Martin’s official letterhead and asserts his official position in the opening line, as if DEI is criminal and a federal prosecutor has any business being involved here: “As United States Attorney for the District of Columbia, I receive requests for information and clarification. I take these requests seriously and act on them with letters like this one you are receiving.” It concludes by giving Georgetown a deadline (or else what?) to respond and this prepackaged language: “I look forward to your cooperation with my letter of inquiry after request.”

The assault on the First Amendment rights of a private, religious university by a federal prosecutor using intimidation tactics that suggest a criminal dimension to his inquiry is far beyond anything we’ve seen from the Justice Department in modern times.

What Happened Yesterday In Court

  • USAID: In an opaque and confusing ruling, a 5-4 Supreme Court majority declined to overturn lower court orders blocking the spending freeze at USAID and ordering the Trump administration to pay USAID vendors and contractors for work they’ve done. It was a loss – for now – for the Trump administration at the hands of a shaky majority consisting of Chief Justice John Roberts, Justice Amy Coney Barrett, and the three liberal justices.
  • OSC: The D.C. Circuit Court of Appeals overturned a lower court order that had temporarily reinstated U.S. Special Counsel Hampton Dellinger. The decision, which was not on the merits, removes Dellinger from office while the appeal proceeds on an expedited basis.
  • NIH: U.S. District Judge Angel Kelley of Massachusetts issued a nationwide preliminary injunction blocking NIH from instituting its dramatic cut in indirect cost rates.
  • NLRB: U.S. District Judge Beryl Howell looks likely to reinstate the fired Gwynne Wilcox to her position on the NLRB but she used the occasion of yesterday’s hearing to elaborate at length on the historical importance of independent agencies, TPM’s Kate Riga reports.

Supine Hill Republicans Beg Elon Musk For Crumbs

Elon Musk met with House and Senate Republicans on Wednesday, and while it’s tempting to interpret that as a sign he’s running into headwinds from elected GOPers, the tepid pushback he got suggests we’re far from any kind of revolt against DOGE’s rampage. Instead, the meetings demonstrated the essential subordination of the GOP-controlled Congress to the world’s richest man, captured by eye-popping headlines like this one: “Senate GOP asks Musk for spending cuts vote.”

It get worse. As Morning Memo has repeatedly hammered, the unholy alliance of Trump-Musk has set out to turn every government good and service into a bauble to be negotiated, dispensed, and awarded on their personal terms. In his meeting with senators, Musk proposed this anti-democratic substitute for Congress actually doing its job and protecting its institutional prerogatives:

Musk told a group of Republican senators in a closed-door lunch that he wanted to set up a direct line for them when they have questions, allowing them to get a near-instant response to their concerns, senators said. Some senators were given Musk’s phone number during Wednesday’s meeting, and the entrepreneur said he would “create a system where members of Congress can call some central group” to get problematic cuts reversed quickly, Sen. Lindsey Graham (R-South Carolina) said.

Musk takes a sledgehammer to the pillars of the Republic and GOP senators can call him, hat in hand, for special exemptions from the carnage. Just how the founders dreamed it up.

DOGE Watch: Trump Blows It

The President twice confirmed during his congressional address that Elon Musk is running DOGE, which is contrary to the position his administration is taking in multiple court cases. Remember Amy Gleason? Trump’s admissions prompted plaintiffs to run back to court to alert judges to the contradiction as another sign of continued obfuscation of Musk’s true role.

In other DOGE news:

  • WaPo: Small federal agency blocks DOGE employees from entering its building
  • Wired: Some DOGE Staffers Are Drawing Six-Figure Government Salaries
  • Reuters: “U.S. Marshals have warned federal judges of unusually high threat levels as tech billionaire Elon Musk and other Trump administration allies ramp up efforts to discredit judges who stand in the way of White House efforts to slash federal jobs and programs, said several judges with knowledge of the warnings.”

The Purges

Trump’s purges are having a disproportionate impact on younger federal workers because they are more likely to be recent hires who enjoy fewer (but not none!) civil service protections:

  • CIA: The Central Intelligence Agency begins purging probationary employees.
  • VA: The Department of Veterans Affairs plans to cut more than 80,000 employees this year.
  • DoE: President Trump is expected to issue an executive order as soon as today purporting to unilaterally abolish the Education Department, the WSJ reports.
  • USDA: The Merit Service Protection Board ordered the temporary reinstatement of some 6,000 purged USDA workers.

The Destruction

  • CFPB: Email trove reveals CFPB turmoil after Russ Vought’s work stoppage order. Separately, an email Monday explicitly instructs CFPB employees not to carry out activities mandated by law, a direct contradictions of representations CFPB officials have made in federal court.
  • NBC News: Election security aid is on the chopping block
  • WaPo: How 443 federal properties were targeted for sale, then suddenly weren’t

The Corruption

  • NYT: “President Trump has still not disclosed the names of the donors who paid for his transition planning, despite a public pledge to do so.”
  • Bloomberg: How Elon Musk Muscled His Way Into the FAA
  • Trump’s tariffs seem like the perfect opportunity for him to grant corrupt dispensations, exceptions and carveouts. So far U.S. automakers have received a one-month exemption from his Mexico and Canada tariffs; and the U.S. agriculture industry may be next. No indication that these exemptions are themselves corrupt.

This Isn’t Just A Vetting Oops

Are we still going to treat reports that Trump’s new deputy press secretary at the Pentagon, Kingsley Wilson, has posted antisemitic, white supremacist, and Russian propaganda online as a “vetting problem“?

  • Jewish Insider: Pentagon deputy press secretary Kingsley Wilson is a prolific purveyor of antisemitic conspiracy theories
  • Mother Jones: This Pentagon Press Secretary Has a Long History of Bigoted and Xenophobic Posts 

How Many Ways Can Trump Undermine Ukraine?

  • Politico: Top Trump allies hold secret talks with Zelenskyy’s Ukrainian opponents
  • Reuters: Trump to revoke legal status for 240,000 Ukrainians who fled the Russian invasion

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Breaking: Hampton Dellinger (At Least Temporarily) Out

DC Circuit rules that Trump administration can remove Hampton Dellinger while the case about whether he ultimately can be removed continues.

Dellinger is the head (or was) of the Office of Special Counsel that found that a bunch of Trump/DOGE firings had been unlawful. (This is tied to a series of posts I’ve done about rulings against DOGE firings.) OSC was then backed up by the Merit Systems Protection Board. Trump has been trying to fire basically everyone involved at both entities. And he’s been losing those cases. But this is obviously a win for the White House, though how much I’m not quite sure yet.

Will try to provide more context later. For now, see this update from the Post.

Emergency Abortions In Idaho Legal For Now, Even As Trump DOJ Drops Case

An abortion fight that made it all the way to the Supreme Court was dismissed Wednesday, as the Trump Justice Department dropped a case its Biden predecessor had brought to try to protect emergency room abortions in Idaho. 

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D’oh! NIH Warns Fired Researchers to be Wary of Foreign Recruitment

Here’s one of the more entertaining memos I’ve read recently coming out of the DOGE-tossed federal bureaucracy. This one’s from NIH, dated today and from the NIH Office of Defensive Counterintelligence and Personnel Security (ODCPS). And the gist is management is saying that while we’re busy making your lives hell, banning travel, communication and research reviews, defunding your projects and firing you one by one to drag out the torture, we need you to be extra vigilant because apparently foreign governments are trying to recruit you guys because you’re so upset.

I’m taking a bit of liberty with the language but not much.

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Laying the Groundwork to Defeat Joni Ernst

Democrats need to be on the ground in states like Iowa, supporting local Democrats who can start building the case now against Sen. Joni Ernst (R) and other pro-Trump politicians, whoever ends up winning the right to challenge her as the Democratic nominee. I’m not saying Ernst will lose. It will be a very difficult race. Iowa has rapidly gone from a textbook swing state to a reliably red one in presidential elections. But people forget how rapidly things can change in a political climate in which visible, core political decisions by elected officials have tangible and deep impacts on ordinary people’s lives. People forget what happened between 2004 and 2006. They forget what happened between 2008 and 2010, though I think the first is the more relevant analog. There’s 2018 too. But I think we’ll find 2018 isn’t that true an analog.

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Federal Judge Poised To Block NLRB Firing Bristles At ‘Extreme’ Attempt To Expand Trump’s Power

A federal judge instructed the lawyers before her to walk through the history of the National Labor Relations Board and the long effort to degrade agency independence, providing a bird’s-eye primer for the public on President Donald Trump’s attempt to put the entire executive branch under his direct control. 

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DOGE D’oh: Nuclear Waste Facility Edition

As DOGE continues it’s federal government wilding spree, purportedly searching for examples of waste, fraud and abuse in the federal government, we seem to have had another case of keyword search gone awry. One of the leases DOGE decided to cancel is the lease for Skeen-Whitlock Building in Carlsbad, New Mexico, a 90,000 square foot facility which manages the nation’s only storage area for DOD-created nuclear waste and the only operating deep geologic nuclear waste storage facility in the world.

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