Back in October 2019, President Donald Trump issued Executive Order 13,892. Required Government agencies are “when engaged in civil administrative enforcement or adjudication in a transparent and fair way.”
If that sounds minimal, then you should. The entire US justice system is built on simple yet powerful ideas of fairness and transparency. When they try to enforce the law, it seems to be a minimum of demanding the same as government officials.
Of course, President Joe Biden will soon be It was cancelled This executive order; modern Democrats are more interested in expanding government authorities than preserving individual freedom. (Related: Morgan Murphy: Trump gives Washington a long-term reality check)
But to highlight its importance to Trump – anyone who knows one or two things about indifferent institutions in the legitimate process, this executive order quickly recovered on January 20, 2025 . Despite this recovery, it is not clear that everyone in the new administration has received the message.
In an immediate awful example of lack of compliance with a newly welcome approach to enforcement, Brendan Kerr, chairman of the newly created Federal Communications Commission (FCC), has announced that Team Biden’s Jihad against Telynx We have decided to pursue. Calls and leadership to senior FCC staff returned in February 2024.
This enforcement action was unusual from the start (for example, the FCC doesn’t chase AT&T, if a bad actor uses a burner phone to do drug deals). It wasn’t getting better. After the company It was rejected The FCC’s request to keep the investigation open beyond the limiting law, the committee said Proposed fines Nearly $5 million for the company.
The FCC committee member of Nathan Simington, a Trump appointee like Chair Carr, was the only opponent by a 3-1 vote to approve the fine earlier this month. Simmington cited the Supreme Court’s Supreme Court last June. decision Secv. At Jarkesy. The court then held that the Securities and Exchange Commission cannot impose a civil penalty on its own. The defendant had the right to a trial.
Of course, that reasoning is consistent with Trump’s approach in Executive Order 13892.
Sometimes it takes time to get a bureaucracy. As last week, Eisenhower’s executive office building still had signs pointing to the “Office of Domestic Climate Policy.” But there’s a new sheriff in town on very important issues like agency enforcement measures that result in millions of dollars fines and agency enforcement measures that result in damages of legal business obsessions. It seems reasonable to expect that the words come out and he believes. Due process.
This instance is particularly unstable for two reasons: First, Chairman Kerr wrote the FCC chapter Project 2025. He should know better. Second, I think that the person responsible for telecommunications fraud might want to reach the bottom of how he was sacrificed by such a scam, rather than wiping the experience under the rug. That’s not unreasonable.
President Trump, the victim of federal agency enforcement, was wrong. I said Perfect for the executive order of 13892. “The federal government should, where federal government can, promote greater private sector cooperation in enforcement, promote information sharing with the private sector, and establish predictable outcomes for private action.”
I hope that all his appointees will ultimately share his enthusiasm to make the process better, smarter, more fairer, more predictable and more transparent.
Michael McKenna was the first deputy director of the Trump administration’s Legislative Bureau.
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