Posted on 06/19/2010 7:07:01 PM PDT by Qbert
A federal judge in Washington has dismissed the wrongful-termination lawsuit filed by Gerald Walpin, the AmeriCorps inspector general who was fired last year by President Obama. And not just dismissed; if the decision by U.S. District Judge Richard Roberts stands, in the future the White House will be able fire other inspectors general as it fired Walpin without fear of legal consequences.
The law requires the president to give Congress 30 days’ notice, plus an explanation, before firing an inspector general, but Walpin was summarily dismissed by the White House without notice to Congress or explanation on June 10, 2009. At the time, Walpin was aggressively investigating misuse of AmeriCorps money by Sacramento, California mayor Kevin Johnson, a friend and political ally of President Obama. Walpin sued to get his old job back, arguing that he was unlawfully dismissed.
Judge Roberts rejected Walpin’s claim by deciding that Walpin was not summarily fired, after all. Even though Walpin was placed on immediate administrative leave on June 10, his authority removed, denied access to his office, email, etc., Roberts says Walpin was not technically fired until later, after the White House had notified Congress. Therefore, the president did not violate the law in ousting Walpin.
“Walpin does not show that there is no doubt that his placement on administrative leave with pay was a transfer or removal from office,” the judge writes. “Walpin has not shown that he was removed or transferred that day such that the defendants had a clear, unmistakable duty to reinstate him as inspector general based upon the president’s purported failure to comply with [the inspector general law].”
If it stands, Roberts’ decision means the president can remove future inspectors general immediately, without reason or notice to Congress, simply by placing an inspector general on immediate administrative leave. That way, the troublesome inspector general would be instantly relieved of his duties but not technically fired. Later, with notice to Congress, the White House could formally fire the inspector general. The inspector general would be out of his office immediately, stripped of his authority, and the president could claim that he had not actually been fired, and thus the law had not been violated.
Walpin is not saying whether he will appeal the decision. “We are disappointed in the decision because we believe it is erroneous,” he says, “and we are reviewing it to consider our next step.”
Later, Walpin added one more comment. “The District Court’s dismissal in no way questions the basic thrust of my case: that I was removed because I was doing my job too well in investigating and reporting on wrongdoing with taxpayers’ money.”
It means judge shopping works.....or maybe payoffs....
Can this be appealed?
This is Congress abdicating it’s powers.
Just like going to war without actually declaring it.
Justice, it seems, is no longer blind.
Roberts was a Clintoon appointee, BTW.
Till a Republican is elect President... then the ruling will be a president can never fire an IGs
“Can this be appealed?”
It says in the article he’s thinking about it. But of course, there are practical realities: more legal fees; the possibility of more biased Dem-crony judges at the next level.
Every day in every way we’re creeping closer to one-man authoritarian dictatorship. Congress is becoming as inconsequential as an appendix.
This has been a rough couple of days. First Obama shakes BP down like a Chicago mobster-thug—never mind the courts, which were set up to adjudicate such matters—and now an open and shut case of illegality is swept under the rug. How bad are things going to get, before they start turning around?
Sounds about right for the Federal Courts. Republicans need to follow the law. Democrats can ignore it. Nothing new here.
Lord help us! This was blatant corruption in protection of Kevin Johnson. The judge did not answer to all the allegations, just dismissed the case.
I am almost positive Michelle Obama met with Kevin Johnson while she was in California for UC Merced graduation. It was right after this visit IG was fired. No telephone calls, no emails, just a friendly chat. Walpin caught me, deal with him.
And there is much more involving Michelle and Johnson’s charity.
Why am I not surprised?
“This has been a rough couple of days. First Obama shakes BP down like a Chicago mobster-thug—never mind the courts, which were set up to adjudicate such matters—and now an open and shut case of illegality is swept under the rug. How bad are things going to get, before they start turning around?”
It would help if the GOP had more courage to speak out against this stuff- and not apologize and backpeddle when somebody like Barton expresses what he really believes. But they’re so clueless half the time.
A rogue government on its way to becoming a totalitarian junta.
Barton should have had a medal pinned on him. He had the courage we can only wish Boehner had. I wrote Boehner a tart email yesterday, but I need to get on the stick and send him another. He needs to be reminded that he ticked off the base, every day for a year if necessary. Though I wonder if even then it would help.
Always figured it was the judges who would make Swiss Cheese out of the Constitution and baloney out of justice.
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