ENDING THE WEAPONIZATION OF THE FEDERAL GOVERNMENT
This executive order aims to address the alleged weaponization of federal agencies against political opponents by the previous administration.
It directs the Attorney General and Director of National Intelligence to review the activities of relevant departments and agencies over the past four years, identifying instances of misconduct, and to submit reports with recommendations for corrective actions.
The order emphasizes accountability and aims to prevent future misuse of government power for political purposes.
Arguments For
- Intended benefits: Increased accountability for federal agencies, restoration of public trust, prevention of future political weaponization of government power.
- Evidence cited: The order cites examples of alleged political targeting and misuse of power by previous administration, including but not limited to investigations, prosecutions, and funding revocations against political opponents.
- Implementation methods: Reviews of agency activities by the Attorney General and Director of National Intelligence, reports to the President with recommendations for remedial actions.
- Legal/historical basis: The order is based on the President's constitutional authority and section 301 of title 3, United States Code.
Arguments Against
- Potential impacts: Potential for partisan backlash, accusations of overreach, disruption of ongoing investigations, chilling effect on legitimate government actions.
- Implementation challenges: Difficulty in objectively determining political motivations, potential for selective enforcement, potential for delays and bureaucratic obstacles in the review process.
- Alternative approaches: Congressional investigations, independent commissions, judicial review of specific cases.
- Unintended effects: Potential for discouraging whistleblowing, affecting agency morale, creating further political divisions.
By the authority vested in me as President by the Constitution and the laws of the United States of America, and section 301 of title 3, United States Code, it is hereby ordered as follows:
This is the opening statement asserting the President's authority to issue the order, citing the Constitution and a specific section of the US Code as legal basis.
Section 1. Purpose. The American people have witnessed the previous administration engage in a systematic campaign against its perceived political opponents, weaponizing the legal force of numerous Federal law enforcement agencies and the Intelligence Community against those perceived political opponents in the form of investigations, prosecutions, civil enforcement actions, and other related actions. These actions appear oriented more toward inflicting political pain than toward pursuing actual justice or legitimate governmental objectives. Many of these activities appear to be inconsistent with the Constitution and/or the laws of the United States, including those activities directed at parents protesting at school board meetings, Americans who spoke out against the previous administration’s actions, and other Americans who were simply exercising constitutionally protected rights.
The prior administration and allies throughout the country engaged in an unprecedented, third-world weaponization of prosecutorial power to upend the democratic process. It targeted individuals who voiced opposition to the prior administration’s policies with numerous Federal investigations and politically motivated funding revocations, which cost Americans access to needed services. The Department of Justice even jailed an individual for posting a political meme. And while the Department of Justice has ruthlessly prosecuted more than 1,500 individuals associated with January 6, and simultaneously dropped nearly all cases against BLM rioters.
Therefore, this order sets forth a process to ensure accountability for the previous administration’s weaponization of the Federal Government against the American people.
This section outlines the purpose of the order.
It alleges that the previous administration systematically misused federal agencies for political purposes, targeting opponents through investigations, prosecutions, and other actions.
The section claims these actions were politically motivated rather than justified by law or legitimate government objectives and describes specific examples of alleged abuses of power.
The stated goal is to ensure accountability for this alleged misconduct.
Sec. 2. Policy. It is the policy of the United States to identify and take appropriate action to correct past misconduct by the Federal Government related to the weaponization of law enforcement and the weaponization of the Intelligence Community.
This section establishes the overarching policy of the United States to identify and address past misconduct related to the alleged weaponization of federal law enforcement and intelligence agencies.
Sec. 3. Ending the Weaponization of the Federal Government. (a) The Attorney General, in consultation with the heads of all departments and agencies of the United States, shall take appropriate action to review the activities of all departments and agencies exercising civil or criminal enforcement authority of the United States, including, but not limited to, the Department of Justice, the Securities and Exchange Commission, and the Federal Trade Commission, over the last 4 years and identify any instances where a department’s or agency’s conduct appears to have been contrary to the purposes and policies of this order, and prepare a report to be submitted to the President, through the Deputy Chief of Staff for Policy and the Counsel to the President, with recommendations for appropriate remedial actions to be taken to fulfill the purposes and policies of this order.
(b) The Director of National Intelligence, in consultation with the heads of the appropriate departments and agencies within the Intelligence Community, shall take all appropriate action to review the activities of the Intelligence Community over the last 4 years and identify any instances where the Intelligence Community’s conduct appears to have been contrary to the purposes and policies of this order, and prepare a report to be submitted to the President, through the Deputy Chief of Staff for Policy and the National Security Advisor, with recommendations for appropriate remedial actions to be taken to fulfill the purposes and policies of this order. The term “Intelligence Community” has the meaning given the term in section 3003 of title 50, United States Code.
(c) In furtherance of these policies, departments and agencies are directed to comply with applicable document-retention policies and legal obligations. Instances of noncompliance with document-retention policies or legal obligations will be referred to the Attorney General.
This section details the actions to be taken.
Subsection (a) mandates the Attorney General to review the activities of various federal agencies over the past four years and report findings and recommendations to the President.
Subsection (b) directs a similar review for the Intelligence Community by the Director of National Intelligence.
Subsection (c) emphasizes the importance of document retention and outlines consequences for non-compliance.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
This section includes general provisions clarifying the scope and limitations of the order.
It specifies that the order does not diminish existing legal authorities, that implementation is subject to existing laws and available funding, and that the order does not create any new legal rights or benefits.
THE WHITE HOUSE,
January 20, 2025.
This concluding section simply indicates the date and location of the order's issuance.