NFFE Pens FWA Letter for Senate Hearing, Rejecting Schedule F and SCOTUS Immunity Decision

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FOR IMMEDIATE RELEASE:
Contact: Matt Dorsey
(202) 550-6987

September 17, 2024

Washington, D.C. – Today, the National Federation of Federal Employees (NFFE), submitted a letter on behalf of the Federal Workers Alliance (FWA) to the Senate Homeland Security and Government Affairs Committee (HSGAC) in advance of the committee’s hearing this morning entitled “Ensuring a Trustworthy Government: Examining the National Security Risks of Replacing Nonpartisan Civil Servants with Political Appointees.”  The letter was entered into the record by Senator Kyrsten Sinema (I-AZ).

“As more Americans come to understand the true implications of Schedule F—an executive order issued by former President Trump aimed at reclassifying hundreds of thousands of nonpartisan civil servants into roles more susceptible to political influence and control—the link between this policy and the erosion of American democracy through the politicization of the Executive Branch becomes increasingly apparent,” the letter reads.

“Under Schedule F, professional career federal employees would be left vulnerable to threats or intimidation from political appointees. This would effectively strip them of their ability and obligation to enforce the law or report fraud, waste, abuse, or illegal directives, putting their careers and well-being at risk.

“It is essential to recognize that Schedule F is part of a broader scheme to corrupt the Executive Branch for personal and political gain. By undermining oversight and dismantling laws and regulations designed to prevent corruption and political overreach, Schedule F is a critical component of a larger initiative known as Project 2025.

“To expand the view on national security and the threats to the American democratic republic system, on July 1, 2024, the conservative majority of the Supreme Court, led by Chief Justice John Roberts, issued a ruling in Donald J. Trump v. United States that grants the president ‘absolute immunity from criminal prosecution’ for actions deemed to fall within his ‘conclusive and preclusive constitutional authority.’ The ruling establishes that presidents are presumed to have immunity when performing ‘official acts.’ Justice Roberts further stated that ‘Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution’ effectively granting the president unilateral power to determine whether an action is official and thus immune from legal scrutiny.

“With the Supreme Court’s decision now casting a shadow over the continuing legitimacy of the American republic—a ‘republic’ as defined is safeguarded by a constitution that protects those not in power—the future of American democratic institutions, such as elections and the rule of law, could be severely undermined. If a president chooses to wield the absolute authority the Court grants, it risks tipping the balance, allowing unchecked power to override constitutional safeguards.

“[C]ivil servants must remain nonpartisan experts, accountable not only to the President but also to the Constitution, the law, the American people, and Congress. For one hundred fifty years, Congress has diligently worked to establish, protect, and enhance a stable, professional, and nonpartisan civil service.

“We, the undersigned federal employee unions, urge Congress to urgently pass the Saving the Civil Service Act to protect the apolitical federal workforce, a cornerstone of modern democracy, from being undermined by unchecked and malicious political forces. Additionally, Congress must fulfill its constitutional duty to investigate the validity of the Supreme Court’s ruling that grants the president absolute immunity from legal accountability. Defending the government against any attempts to diminish or evade equal protection under the law is crucial and a fundamental responsibility of Congress.”

 

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