see my post above ... new guidance can be issued to OPM / OMB (?)
Was just reading this SES PDF
Guide To The
Senior Executive Service
and on page 20 there is a removal loophole
Removal Requirements:
* The appointee must be given a written notice at least 30 days before removal from the SES.
* If eligible, the individual may elect discontinued service retirement.
* Performance removals cannot be appealed, but the individual can request an
informal hearing before MSPB.
* A performance removal is subject to the 120-day moratorium, unless it is based
on an unsatisfactory rating given before the appointment of the new agency head
or noncareer appointee that triggered the moratorium.