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U.S. Court Allows D.O.G.E. To Audit HHS

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Bush Judge John Bates ruled that the United States DOGE Service is an agency of the federal government, thereby allowing it to detail its staff to other government departments. 

Few seem to realize that D.O.G.E. is actually an official government agency.  It was launched as the U.S. Digital Service on August 11, 2014 by President Barack Obama after the Obamacare web site fiasco. President Donald Trump issued an executive order on January 20, 2025, renaming and reorganizing the United States Digital Service, and reusing the USDS acronym, as the United States DOGE Service.

U.S. District Judge Bates is no friend of President Trump or Elon Musk.  On February 11, 2025, he issued a temporary restraining order requiring U.S. health agencies to restore websites that they abruptly took offline in response to President Trump's gender ideology XO:

https://www.foxnews.com/politics/doge-scores-big-court-win-allowed-access-data-3-federal-agencies

DOGE scores big court win, allowed access data on 3 federal agencies
Elon Musk hailed the decision by reposting its news on X with the caption: 'LFG'
By Michael Dorgan, Breanne Deppisch, Jake Gibson - February 15, 2025

A federal judge in Washington on Friday handed Elon Musk's government efficiency team a win by declining a request to temporarily block it from accessing sensitive data from at least three federal agencies.

Unions and nonprofits attempted to stop Musk’s Department of Government Efficiency (DOGE) from accessing records at the Departments of Labor, Health and Human Services and the Consumer Financial Protection Bureau.

U.S. District Judge John Bates wrote in an opinion that the government was likely correct in categorizing DOGE as an agency, thereby allowing it to detail its staff to other government departments.

However, Bates called his finding a "close question," noting that the government did not want DOGE to be considered an agency for purposes of another federal law, which would subject it to open records requests.

Bates, who was appointed by President George W. Bush, said DOGE was a "Goldilocks entity: not an agency when it is burdensome but an agency when it is convenient."

"Plaintiffs have not shown a substantial likelihood that [DOGE] is not an agency. If that is so, [DOGE] may detail its employees to other agencies consistent with the Economy Act," he wrote in part.

The newly minted agency, a key promise of President Donald Trump’s reelection campaign, is aggressively slashing government waste when it comes to government spending. It was created via executive order and is a temporary organization within the White House that will spend 18 months carrying out its mission.

The Justice Department has argued that the DOGE personnel in question are "detailed" U.S. government employees who have access to the information under provisions of the Economy Act.

Musk hailed the decision by reposting the news on X with the caption: "LFG," an abbreviation for "Let’s f---ing go."

Judge Bates suggested earlier Friday that DOGE's creation and its hierarchy were "odd," noting that it "was created in a way to get it out of OMB [Office of Management and Budget] and instead answering to the chief of staff of the president."

DOGE "took great effort to avoid being an agency, but in this case, you're an agency," he said of DOGE. "It just seems to strain credulity."

Attorneys for unions representing Labor Department employees argued during last week's hearing that, absent court intervention, DOGE could access protected agency information, including the financial and medical records of millions of Americans, as well as employee safety and workplace complaints.

The plaintiffs noted that Labor Department systems contain sensitive information about investigations into Musk-owned companies Tesla and SpaceX, as well as information about trade secrets of competing companies, sparking concerns about Elon Musk's possible access to the information.

Attorney Mark Samburg argued that allowing DOGE access to this information could have a "chilling effect" on new employees coming forward, due to fear of unlawful disclosure or retaliation.

"The sensitive information of millions of people is currently at imminent risk of unlawful disclosure," Samburg said.

The plaintiffs had urged Judge Bates to grant a temporary request to block DOGE's access to the information, which they said would "force the agency to implement a more thoughtful process."

Separately, on Friday, a federal judge extended a temporary order blocking DOGE from accessing payment systems within the Treasury Department.

That extension came after 19 state attorneys general filed a lawsuit claiming DOGE illegally accessed the Treasury Department’s central payment system at the Trump administration’s behest.


   
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Think United States district judges of the United States District Court for the District of Columbia are becoming concerned about getting themselves impeached for their left wing antics!


   
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https://www.foxnews.com/politics/doge-lays-off-3600-probationary-hhs-employees-retains-4000

DOGE lays off 3,600 probationary HHS employees – but retains 4,000
Cuts are estimated to save about $600 million in taxpayer dollars annually
By Jacqui Heinrich - February 15, 2025

DOGE lays off thousands of probationary HHS works as Trump reforms continue

FIRST ON FOX: The Department of Government Efficiency terminated employment for 3,600 probationary Health and Human Services employees on Friday — but went through a careful process to exclude those who were serving in specialized or critical roles.

More than half of the agency’s probationary employees were retained.

The cuts are estimated to save about $600 million in taxpayer dollars annually.

Probationary employees who were excluded from layoffs include:

*  Employees working on refugee and resettlement within the Administration of Children and Families (ACF)
*  Employees working on emergency preparedness and response within Administration for Strategy Preparedness and Response (ASPR)

*  Centers for Disease Control and Prevention (CDC) and other divisions of HHS
*  Scientists conducting research at the CDC and National Institutes of Health (NIH)
*  Frontline healthcare providers at the Indian Health Service (HIS)
*  Employees working on Medicare and Medicaid at the Centers for Medicare and Medicaid Services (CMS)
*  Employees reviewing and approving drugs or conducting inspections at the Food and Drug Administration (FDA)

DOGE identified critical employees by first considering key functions of HHS — frontline healthcare providers, scientists conducting innovative research, personnel responding to emergencies – followed by employee roles, including work history, background, and job title screenings.

"In many cases where there was a lack of clarity, we worked directly with folks who either knew the employees or knew the work of the division to clarify the exact work they were doing," a Trump administration official said.

While the exact process will differ with each federal agency DOGE examines, key functions, specialized responsibilities, and individual roles will be considered for each workforce-cutting analysis. HHS received special attention — especially within the CDC, with meticulous consideration of research functions, lab work, and outbreak surveillance and response.

"Healthcare is obviously an important goal for the new Secretary, for the President," the official said. "We want to make the government more efficient and want to reduce the size of the federal workforce, but we also want to make sure we’re very thoughtful about the critical functions that the government needs to perform."

Officials said DOGE does not begin any evaluation with any predetermined cost-cutting goal, and there is no official order through which federal agencies are lining up for examination.

"Typically, contracts and grants are the two main mechanisms the federal government has for dispersing funds," the official told Fox News. "And then we’re also thinking about regulations. Every agency is different, but the things we’re looking at are pretty similar across every agency."


   
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"Washington Recession Begins": DC Active Home Listings Soar, Jobless Claims Spike As DOGE Drains Swamp

https://www.politico.com/news/2025/02/16/mass-firings-health-agencies-00204570

Mass firings continue across nation’s health agencies
The cuts have raised questions about the extent of the impact on public health.

By Adam Cancryn, Megan Messerly and David Lim - February 16, 2025

The Trump administration carried out more mass firings across the Health and Human Services Department this weekend, continuing a chaotic purge of the federal workforce that career officials and lawmakers warned would hurt key programs and impair efforts to track threats to public health.

The cuts hit staffers at the Food and Drug Administration and the Centers for Medicare and Medicaid Services, several people with knowledge of the firings told POLITICO. The administration also terminated some staff at the office responsible for emergency preparedness and response.

The firings were part of a culling of roughly 3,600 probationary employees across the sprawling department that began earlier this week with terminations primarily at the Centers for Disease Control and Prevention and National Institutes of Health.

Trump officials on Friday cast the layoffs imposed by billionaire Elon Musk’s unofficial Department of Government Efficiency as methodical decisions meant to spare HHS’ core functions. Yet those inside the agencies disputed that portrayal over the weekend, describing deep cuts that at times seemed indiscriminate — with even some Trump political appointees unaware which of their employees were being fired or why.

Those cuts included officials working on Medicare and Medicaid initiatives aimed at improving care for beneficiaries at the Center for Medicare and Medicaid Innovation and at the CMS office that oversees Obamacare, as well as officials at the FDA offices that regulate prescription drugs and medical devices. The layoffs at FDA included some staff who review medical device products, three of the people with knowledge of the firings said, raising fears they would slow the agency’s ability to evaluate and approve new devices.

HHS’ Administration for Strategic Preparedness and Response was also hit, prompting sharp criticism from public health experts who warned it would damage the government’s frontline response to threats like bird flu. The administration is already expected to eliminate most of the CDC’s public health fellows — some of whom received termination notices this weekend — including fellows at the Laboratory Leadership Service who do public health research, according to a former HHS official.

“On day one, the new HHS secretary is gutting the agencies that would be necessary to make America healthy again,” said Reshma Ramachandran, a Yale health professor who chairs the FDA task force of the nonprofit Doctors for America.

Democratic lawmakers have blasted the firings as a threat to the government’s defense of public health, with Sen. Jon Ossoff (D-Ga.) warning Friday that deep cuts at CDC “leaves Americans exposed to disease and devastates careers and livelihoods for the world’s most talented doctors and scientists.”

The firings at CMS, FDA and ASPR came a day after Trump officials told POLITICO and other outlets that they were careful to exempt employees in core areas, like those working on Medicare and Medicaid and emergency preparedness.

On Sunday, an administration official insisted that the weekend firings did not contradict those principles. The official argued that the cuts at Administration for Strategic Preparedness and Response only affected those not actively working on emergency preparedness, like those in legislative affairs or human resources. Similarly, the official maintained that CMMI was not one of the offices directly responsible for federal health programs, unlike CMS’ Center for Medicare and Center for Medicaid.

Still, health staffers warned that the cuts would, nevertheless, affect those key areas and that some ran counter to new HHS Secretary Robert F. Kennedy Jr.’s priorities — raising questions about whether the DOGE officials understood what some employees did before deciding to fire them.

“You’ve got policy people operating on a policy vision, but then you have DOGE,” said one former HHS employee. “Nobody knows who those people are. They are coming from the shadows and they’ve got their own set of priorities.”

Arielle Kane, a CMMI official who was terminated on Saturday, told POLITICO she was working on a Medicaid pilot program active in 15 states aimed at improving maternal health outcomes — an area where the U.S. has long lagged behind other countries. Another just-fired CMMI employee, granted anonymity for fear of reprisal, worked on enhancing care for Medicare Advantage enrollees.

At least 80 CMS employees were also cut in the agency’s Center for Consumer Information and Insurance Oversight, which oversees Obamacare and other programs, one of the people with knowledge said. Some of those affected were tasked with implementing a ban on surprise medical billing that passed during President Donald Trump’s first term, as well as combating broker fraud on the Obamacare exchanges.

The FDA firings, meanwhile, included officials working on artificial intelligence and technology, two of the people with knowledge said. Another person with knowledge said there were cuts in the FDA office that conducts inspections and criminal investigations, as well as cancellations of certain information technology contracts.

The Trump administration official defended the decision-making process behind the layoffs, saying DOGE had tasked an HHS employee with speaking with leaders across the department to determine whether or not each employee eligible to be fired contributed “to the overall function of the agency.” The official declined to name the HHS employee.

Yet Trump officials’ description of a methodical process did not square with the situation within the department, the people with knowledge said, which they characterized as mass confusion and disorder in the days leading up to the layoffs.

Managers of offices across several agencies scrambled to scour lists of probationary employees eligible for firing — some laden with errors — and submit justifications for keeping those they believed were essential on tight turnarounds. As DOGE made its determinations, many Trump political appointees at the health department were in the dark on how many would be cut, or what criteria the administration was using.

The firings themselves were conducted haphazardly, with some probationary employees receiving termination letters while others were simply locked out of their email with no notice. At least some of the termination letters, which were obtained by POLITICO, justified firing employees because their “performance has not been adequate” — despite performance evaluations as recently as last month that had determined those employees were excelling.

As 4 p.m. passed on Friday afternoon, supervisors at CMMI assured some worried employees they were safe from what many at the department had dubbed the “Valentine’s Day Massacre.” Though they had never received a final list of those set to be terminated, they believed they’d convinced DOGE officials that the office was critical to the administration’s health agenda.

Then the termination emails started rolling in. Some were fired Friday evening, while others didn’t get their notices until Saturday — forcing employees to call their supervisors to let them know they wouldn’t be coming back next week.

With no guidance on what layoffs remain or when the purge would officially end, those who still have jobs spent Sunday repeatedly checking their emails, searching for any word as to their fate.


   
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