Is Somebody Doing Something?!

Yes. Let me break it down for you.

Image courtesy of The Financial Times

This weekend’s head-spinning headlines were enough to spike blood pressure nationwide. Mass purges of prosecutors and agents at the FBI. A shutdown of an entire agency at USAID. Even a tech bro putsch at Treasury and the Office of Personnel Management, giving an unelected billionaire access and possible control over our entire federal workforce HR and some $6 trillion paid annually by our federal payment system.

The most common question I saw across social media and in the comments was understandable: Is somebody doing something about this?

The short and important answer is yes. And we need to understand a few things to help bring things into focus.

First, the timing of all of this was intentional. It all went down on a Friday night, when there would be less ability among affected employees to communicate and resist; decreased national press attention; and closed congressional offices, courthouses and law offices. They wanted us to panic for several days and make us feel like we were rudderless and without clear options.

But today is the first business day after last Friday’s bombshells, and I can report confidently that the anti-Trump/Musk response is well underway.

It’s helpful to think of the response as falling into four distinct yet sometimes overlapping categories, each with increasing urgency. These responses include the personal, the political, the legal and the popular.

Once we place a response into one of these categories, it’s far easier to assess whether it is serving its intended purpose. This level of disciplined reasoning will also help us all prevent the common error of expecting, for example, personal responses to create legal results, or political responses to generate popular ones. These are all very different beasts, each important in its own right, but usually led by very different actors.

The personal responses

The front line defenders of our democracy at this moment are the civil servants whose roles and responsibilities are being upended or whose jobs are on the chopping block under the new administration. How they respond matters a great deal for a number of reasons, both moral and practical.

From a moral standpoint, standing up to authoritarianism, while risking persecution or even violence from the MAGA mob, takes courage. One person’s courage is sometimes all it takes for many to find their own.

From a practical standpoint, stopping an illegal move initially buys valuable time for the press to be alerted, for union leaders and politicians to organize and respond, and for lawyers to be called in. Personal resistance is the first fistful of sand thrown into the gears of a takeover machine. In the past three days alone, we have witnessed some heroic personal responses.

James Dennehy at the FBI

Nine high-ranking career FBI officials had already been forced out, spreading fear and uncertainty in the ranks of the Bureau. Then on Friday the Justice Department, through its acting AG Emil Bove, who was once also Trump’s personal attorney, ordered the FBI to collect names of anyone who even so much as helped investigate the January 6 attack on the Capitol, a sign of a purge that would include some 6,000 rank-and-file agents.

A top ranking FBI official, James Dennehy, who heads up the largest FBI office in the country based in New York, refused to remain silent. He vowed in a defiant email to his staff to “dig in” while praising the interim leadership of the Bureau. Dennehy wrote, “Today, we find ourselves in the middle of a battle of our own, as good people are being walked out of the F.B.I. and others are being targeted because they did their jobs in accordance with the law and F.B.I. policy.” Dennehy compared the current situation to when he had to dig a small foxhole five feet deep as a Marine in the 1990s and hunker down for safety.

“It sucked,” he wrote. “But it worked.”

David Lebryk at Treasury

The first person to refuse Elon Musk’s team’s outrageous and illegal requests at Treasury was David Lebryk. He was the acting Treasury Secretary until Trump’s selection, Scott Bessent, was recently appointed and confirmed.

As a career civil servant, Lebryk oversaw the Fiscal Service, a little-known but mission critical office that handles more than one billion payments from the federal government every year, disbursing over $5.4 trillion. After Lebryk’s refusal to grant Musk’s team access, he was placed on administrative leave. Only then did Lebryk announce his retirement after 35 years of service.

Lebryk did not comply, meaning those 35 years’ of knowledge about how to read, sort and control payments was not immediately available to Musk’s team. More sand in the gears.

“The fiscal service performs some of the most vital functions in government,” Lebryk wrote to his colleagues in his farewell email. “Our work may be unknown to most of the public, but that doesn’t mean it isn’t exceptionally important.”

Director and Dep. Director for Security, John Vorhees and Brian McGill at USAID

When Elon Musk’s so-called “Department of Government Efficiency” (DOGE) demanded access to classified materials in restricted areas from the U.S. Agency for International Development (USAID), two officials said, “Not on my watch.”

Director of Security John Vorhees and Deputy Director for Security Brian McGill at USAID understood that granting such access could expose classified information to individuals lacking the security clearances to view them. In refusing DOGE access, both officials acted to protect our nation’s secrets. For that they were both placed on leave Saturday night, joining a growing list of suspensions and layoffs at that agency.

The Trump White House’s official response to press inquiries came from DOGE spokesperson Katie Miller (the wife of Stephen Miller…) who reposted an AP article on Twitter with the comment, “No classified material was accessed without proper security clearances.” For starters, that of course misses the point. Merely granting access to classified materials would have been a serious breach of security. Further, we shouldn’t take this administration’s word on anything, especially given Trump’s own mishandling and theft of classified documents.

The political responses

Before I get into some of the responses of Democratic politicians to the many nightmares that unfolded over the weekend, I’d like to reset some common incorrect assumptions and expectations.

A party that is out of power in a democracy typically doesn’t have the power to do very much. In the Senate, for example, Democrats alone can’t prevent a quorum and can’t stop most legislation from passing. They can’t block nominees without help from less extreme GOP senators. And the number of procedural blocks they can put up are limited. At best these can stall, but ultimately not stop, things like cabinet confirmations.

The job of politicians from the party that is out of power is to make the political argument for why their party should be returned to power. That means highlighting the misdeeds, mistakes and malfeasance of the other party. It means providing clear statements about the rules, norms and processes that were violated so that the press can report on them from experts whose job it is to understand legislation and limits on power.

Note also that politicians normally do not themselves file lawsuits unless they were personally injured in some way. And even then there are many reasons why lawsuits are best left to other litigants, such as unions, state attorneys general or nonprofits, who have the resources and time to bring complex suits with seasoned lawyers.

Some political responses may help lead to other types of responses, but that is not their primary end. The primary goal of a political response is to make the political case. And that’s it.

So it will help us and our cause to stop rolling our eyes when, say, a politician writes a stern letter to a Trump official demanding that the administration cease its illegal activity. That is actually what our senators and representatives are supposed to do. That is how they set the record and inform the press and through them the larger public. As discussed above, politicians don’t bring lawsuits. They usually don’t lead street protests. And the more experienced among them don’t waste political capital on performative stunts that don’t actually fix anything.

That said, those letters and statements, which help establish the public record, are a vital resource. They are cited in lawsuits, often as evidence that the administration was on notice of its illegal actions. They point investigative journalists toward more reporting. And they are an important expenditure of political capital, signaling the priorities of our representatives.

With that in mind, let’s look at some examples out of the many political responses we have already seen. And as a bonus, I’ll include some ratcheted up action by two U.S. senators addressing the travesty of the USAID office.

Sen. Wyden on the Treasury takeover

Shortly after news broke that private teams of software engineers had forcefully commandeered access to the federal payment system at the Treasury Department, Sen. Ron Wyden (D-OR) wrote to newly confirmed Treasury Secretary Scott Bessent. In that letter, Wyden blasted the move as “politically motivated meddling” that “risks severe damage to our country and the economy."

Wyden was alarmed that “officials associated with Musk may have intended to access these payment systems to illegally withhold payments to any number of programs.” Wyden also raised the alarm over the current financial strain on the federal government, which is now relying on some accounting maneuvers to meet its obligations after reaching the debt limit.

He also noted Musk’s business dealings in China, which has a history of cyberattacks on U.S. government systems. Wyden warned that Musk’s Chinese business ties could create conflicts of interest and present a national security risk, particularly if Musk were granted access to these sensitive systems.

When a staffer or a lawyer reads such a demand letter, a few things jump out. Bessent is now on notice that the system could be severely injured by Musk’s access; that it would be illegal to withhold any payments; that the debt limit and the need for the GOP to raise it is on Wyden’s mind; and that there’s a huge security risk because of China. Those are things the public should understand, too. And they should know these things were communicated directly to the Trump White House, especially if they wind up coming true.

Sens. Coons and Murphy on USAID

Over the weekend, Musk and the White House went to war with USAID, the agency that provides billions in aid to stricken parts of the world. It’s the only thing keeping hundreds of thousands from starving in places like Somalia. And it’s keeping the promise of democracy alive in nations like Hungary—which is probably why Musk hates it so much.

Sen. Chris Coons (D-DE) used his position to give interviews and to raise the alarm over what the administration was up to. “All the signals of how the senior staff have been put on administrative leave, many of the field staff and headquarters staff have been put on a gag order,” said Coons on Saturday. Coons is a member of both the foreign relations and appropriations Senate committees. “It seems more like the early stages of shutting down than it does of reviewing it or merely retitling it,” Coons added.

Also going to bat for USAID was Sen. Chris Murphy (D-CT), who warned over social media,

Trump isn’t satisfied just to close programs and fire staff. He is now planning to ELIMINATE THE ENTIRE AGENCY. Maybe this weekend. That would be illegal. He cannot unilaterally close a federal agency. Another assault on the Constitution.

Trump may indeed have been planning to issue an Executive Order as early as today purporting to disband USAID. Indeed, Musk claimed in a Twitter Spaces talk late Sunday night that Trump had agreed that USAID should be shut down and that the two had gone over in great detail how that would be accomplished.

But as Sen. Murphy indicated, such a unilateral move would be illegal. As of this morning, employees at USAID headquarters have been told not to report to work. But that doesn’t mean USAID is dissolved. In fact, as a legal analysis in Just Security out on Saturday noted, Congress established USAID as its own agency, and therefore under current law only Congress can abolish it.

The enabling Act for USAID in fact is unequivocal:

Unless abolished pursuant to the reorganization plan submitted under section 6601 of this title, and except as provided in section 6562 of this title, there is within the Executive branch of Government the United States Agency for International Development as an entity described in section 104 of title 5. (emphasis added)

As Trump/Musk move to dissolve the agency, expect legal challenges from the nonprofits and organizations directly affected by the loss in funding and operational support.

Sen. Blumenthal and the FBI purges

Senior Democratic leaders have not remained silent as a purge of top FBI officials has unfolded. Sen. Richard Blumenthal (D-CT), who sits on the Judiciary Committee and directly questioned FBI Director Kash Patel, released an official statement about the firings:

“This reported mass purging of professional law enforcement is surreal and sickening. Less than twenty-four hours after President Trump’s nominee to run the Federal Bureau of Investigation testified to me that there would be no political retribution against agents, apparently dozens – maybe even hundreds – of federal law enforcement officials may be fired. I am appalled by this vile retaliation against agents who sought to hold accountable people who stabbed cops with flagpoles and crushed officers until they broke bones. The silence from my Republican colleagues is disgusting and deafening.”

Again, using a lawyer’s ear on this, the words “mass purging,” “professional,” “political retribution,” “retaliation” and “hold accountable” jump out. That is not only the political case that Blumenthal intends to make to the electorate (and wants others to echo and amplify), but also a signal that the firings as he understands them violate rules protecting civil servants from this kind of politicized firing.

He also took to social media with a stark warning about firing any agents who even happened to work on January 6 cases:

FBI agents working on the Trump criminal cases were almost all ASSIGNED—they weren’t volunteers. This political retribution is deeply destructive, telling agents they can be punished for following proper directives. It’s fatal to discipline, morale, & recruiting.

Sens. Kim and Schatz

As I was editing this, I saw two interesting developments with other U.S. Senators. Andy Kim (D-NJ) went to USAID office—his very first government job—and stood outside its doors, drawing press attention while indicating that employees had been blocked from entering the building. “This is a blatant, illegal action by the Trump administration that is trying to overturn something that is codified in federal law,” Sen. Kim said.

And Brian Schatz (D-HI) has announced he is putting a blanket hold on all of Trump’s State Department nominees until USAID is back up and running. At a press conference, Schatz blasted the administration, saying, “If you want to change an agency, introduce a bill and pass a law. You cannot wave away an agency that you don't like or that you disagree with by executive order, or by literally storming into the building and taking over the servers. That is not how the American system of government works.”

As former GOP strategist Rick Wilson of the Lincoln Project remarked, “This is the way.”

UPDATE: Over the course of the week, many members of Congress attended rallies held in front of government buildings including the Treasury Department and USAID demanding that DOGE members have their access to sensitive and private information be terminated.

Here come the lawsuits

We already have seen several legal actions against DOGE, with four cases alleging that the entity has violated transparency, conflict of interest and other relevant federal laws. These suits are seeking to kneecap DOGE from even being allowed to operate.

We have also seen lawsuits brought by blue state attorneys general (led by Leticia James of New York) and by nonprofits seeking an injunction against the federal government-wide pause on financing and grants. That entire effort by the Trump White House to freeze funds met with such pushback that the original memo implementing the freeze was rescinded, and a federal judge, who reviewed Press Secretary Karoline’s Leavitt’s misleading post on social media claiming that the freeze was still in effect, expanded the injunction beyond the memo to include the entire administration.

That is important, because Musk is currently threatening to halt payments that Congress has already authorized through his control of the federal payment system, deciding on his own that something is “fraud” or “waste.” But Musk doesn’t have that power, and he certainly doesn’t have it in light of the judge’s injunction. If he defies it, as he has shown a willingness to do in the past, he could be held in contempt of court.

On Sunday, the New York Times reported that the FBI agents affected by the purge and the inquiries into whether they even participated in any investigations of January 6 defendants have retained legal counsel to protect their rights as government employees. Their lawyers sent a letter to Acting Director Bove, warning, “If you proceed with terminations and/or public exposure of terminated employees’ identities, we stand ready to vindicate their rights through all available legal means.”

Musk’s team’s takeover of the OPM, USAID and Treasury has also triggered numerous apparent violations of law including the illegal exposure of personal private information and illegal access to classified documents by persons unauthorized to view them. Employees whose privacy rights were violated would have standing to sue, and it seems highly likely that such cases are coming quite soon. One lawsuit, filed by whistleblowers against Musk’s team for failure to conduct a privacy impact assessment before a new server mass emailed federal workers, already landed in the federal courts last week.

I’ll have more to say on the actual suits once they are filed. Again, because the attacks on our system and the violations of law occurred late on a Friday, we wouldn’t expect lawsuits to be ready to move forward until, at the earliest, the following business day—which is today.

UPDATES: Lawsuits filed this week by labor unions and other parties against the Treasury and its Secretary, the Office of Personnel Management, and the Department of Labor have all seen some form of judicial intervention. In the case of the Treasury, a federal court that had indicated it was leaning toward granting a temporary restraining order issued an order, agreed to by the parties, limiting access of DOGE members who were now working as Treasury employees to “read only” access and preventing the unauthorized distribution of sensitive material outside of the Department. This is an ongoing matter.

The popular response

Grassroots organizing groups are swinging into action. I want to highlight just a few examples from the groups Indivisible and MoveOn, which held an online collective action call late Sunday night with over 50,000 people registered to attend.

These groups are organizing direct pressure campaigns upon the Senate as well as protests outside of the federal buildings taken over by Musk and his engineers, who as Wired reported include several young men barely out of high school who have worked at Musk’s other companies or for his billionaire pal, Peter Thiel.

Specifically, Indivisible and MoveOn have called for daily protests outside of OPM each morning. They have also organized a protest set for Tuesday evening at Treasury demanding Musk and his team be ejected.

As a side note, the first organized protests against ICE and its policies, involving thousands of people in Los Angeles, Dallas, and many other cities across the country took place over the weekend.

It’s too early to tell whether protests against the Trump administration will continue to grow in strength or what effect they may have on the situation on the ground. There is some concern that Trump will use any sign of civil unrest as an excuse to invoke the Insurrection Act and turn U.S. military forces against peaceful protestors. But the threat of possible overreach by Trump should not and likely will not deter protestors, and if Trump chooses to escalate in this fashion he may lose further public support.

But one thing is already clear: Resistance to Trump and Musk will take many forms, all of which can involve some level of participation from the public. We can amplify stories of the personal heroes who stood up to the illegal orders. We can support our Democratic leaders even as we urge them to take stronger stances. We can donate to the nonprofits who are litigating constitutional rights on our behalf. And we can take direct, peaceful action through organized groups like Indivisible and MoveOn.

As the saying goes, we can all be the someone who is doing something.

If you’d like to support my work with a voluntary paid subscription, I would be most honored. — Jay