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Trump's and Musk's Government Layoffs Are a Massive Fail [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']

Date: 2025-02-23

With Trump’s approval, Musk and his foot soldiers have been rampaging through the federal government, firing thousands of civil servants without cause. These firings are being portrayed to the MAGA faithful as a cost-saving measure while enhancing government efficiency. However, in reality, Musk's efforts will not lead to cost savings or an increase in government efficiency; instead, they will have the opposite effect.

Ultimately, no government funds will be saved from all the firings. Under the Administrative Procedure Act, unlawful terminations, such as firing without cause, are illegal. Government employees can seek reinstatement by filing a lawsuit individually or in a class action, which they will likely win. According to the Institute for Policy Integrity, Trump has lost nearly 93% of the cases involving the Administrative Procedure Act (APA).

However, lawsuits will take time to resolve through the courts. In the meantime, the displaced public servants will likely apply for unemployment benefits covering 30 to 50 percent of their lost wages. Once reinstated, the public servants will receive back pay, and likely even more, due to the egregious nature of the firings, which caused significant pain and suffering and could lead to expensive damage claims.

Consider the math: if all those fired workers receive back pay, the savings Musk and Trump claim from these firings do not materialize. The firings will incur costs for the U.S. Treasury, as it must cover federal unemployment benefits for the thousands of workers who were let go, along with any awarded damage claims. Musk’s actions against the government exemplify an exercise in futility. Everyone will return to work within months, and Musk’s and Trump’s actions will result in expenses, not savings.

Then, there is the question of personal liability for Musk and his associates. Government workers are typically immune from lawsuits. However, according to the US Department of Justice, this immunity “does not extend or apply to suits against federal employees for violation of the Constitution or federal statutes,” which Musk and associates have done.

Musk and associates may have to be pardoned by Trump after all the laws they have broken. But that won’t necessarily save Musk from some financial liability. Even if he is pardoned, he can be sued in state courts for damages he can easily afford. While the state lawsuits might only bring in a billion or two, giving a portion of those funds to government workers would be sweet revenge.

Of course, Trump will try to defy the courts, but ultimately, he will back down because he is playing with a weak hand. When the courts rule against him, federal workers can ignore anything he says and does that is deemed illegal by the courts. Remember, according to the Department of Justice, federal workers are not legally shielded from “violation of the Constitution or federal statutes.” Ironically, they could only be fired if they did anything illegal on Trump’s behalf. So, if you want to keep your job in government, don’t break the law for Trump or anyone.

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