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    Trump administration files first supreme court appeal over firing of government watchdog

    Donald Trump’s administration has asked the supreme court to approve the firing of the head of a federal agency dedicated to protecting whistleblowers in the first appeal of Trump’s new term and a key test of his battle with the judicial branch.Hampton Dellinger, the head of the office of the special counsel (OSC), is among the fired government watchdogs who have sued the Trump administration, arguing that their dismissals were illegal and that they should be reinstated.The OSC is an independent federal agency that serves as “a secure channel for federal employees to blow the whistle by disclosing wrongdoing”.It is also intended to enforce the Hatch Act, a 1939 law designed to ensure that government programs are carried out in a nonpartisan way, and to enforce a merit system by investigating and prosecuting racial discrimination, partisan political discrimination, nepotism and coerced political activity.Dellinger has said his office’s work was “needed now more than ever”, noting the “unprecedented” number of firings, in many cases without any specified cause, of federal employees with civil service protections in recent weeks by the Trump administration.On Wednesday, the federal judge Amy Berman Jackson reinstated Dellinger to his position pending a 26 February court hearing, writing that the language of the 1978 law that created Dellinger’s position “expresses Congress’s clear intent to ensure the independence of the special counsel and insulate his work from being buffeted by the winds of political change”.According to that law, the special counsel “may be removed by the president only for inefficiency, neglect of duty or malfeasance in office”.As the Trump administration implements sweeping firings throughout the federal government, Dellinger has argued that his dismissal, via a one-sentence email that did not specify the cause, was unlawful.Now, the Trump justice department has petitioned the supreme court to undo Jackson’s order, arguing that allowing a judge to reinstate an agency head for two weeks, pending a 26 February hearing on the case, is an impermissible check on presidential power.“Until now, as far as we are aware, no court in American history has wielded an injunction to force the president to retain an agency head,” Trump’s acting solicitor general, Sarah M Harris, wrote in the brief, obtained by the Associated Press on Sunday.The case is not expected to be docketed until after the supreme court returns from the Presidents’ Day holiday weekend, meaning the justices will not respond until Tuesday at the earliest.The Trump administration argues in its brief that letting the order in Dellinger’s case stand could “embolden” judges to issue additional blocks in the roughly 70 lawsuits the Trump administration is facing so far.skip past newsletter promotionafter newsletter promotionIt notes some of the dozen or more cases where judges have slowed Trump’s agenda, including by ordering the temporary lifting of a foreign aid funding freeze and blocking workers with Elon Musk’s so-called “department of government efficiency” team from accessing treasury department data for now.A supreme court ruling in favor of the Trump administration in the Dellinger case would overturn decades of precedent, legal experts have said. Conservative Trump supporters have been pushing for the supreme court to overturn the 1935 supreme court ruling protecting Congress’s power to shield the heads of independent agencies from being fired by a president.“Since my arrival at OSC last year, I could not be more proud of all we have accomplished,” Dellinger said in a statement to Politico last week. “The agency’s work has earned praise from advocates for whistleblowers, veterans, and others. The effort to remove me has no factual nor legal basis – none – which means it is illegal.”The office of the special counsel is separate from justice department special counsels, who are appointed by the attorney general for specific investigations, such as Jack Smith.The Associated Press contributed reporting More

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    Lessons for Elon Musk from the original Doge | Brief letters

    As Elon Musk’s unelected “Doge” troops slash and burn US federal departments (Elon Musk appears with Trump and tries to claim ‘Doge’ team is transparent, 12 February), it is ironic to note that the Doges of ancient Venice were always elected, and by a process that was designed to avoid wealthy families taking too much power.John JacobsAlton, Hampshire I agree with your correspondents about the difficulty of hearing the lyrics in musicals (Letters, 13 February), but there’s little mention of the problem in cinemas, where conversations are drowned out by background music. In the recent film about Bob Dylan, Timothée Chalamet perfectly captured the musician’s mumble. What words he actually said remain A Complete Unknown.Joanna RimmerNewcastle upon Tyne Re the letters on analogue photography (14 February), there is a good compromise. I use a digital camera, which means I can go “snap happy”. Then I can look at all the images, select what I want and get them printed.Peter ButlerRushden, Northamptonshire I’m not entirely convinced that the Guardian style guide does a lot for women’s rights in advising that actresses should always be called actors (Editorial, 14 February). Why not the other way around?John OwensStockport, Greater Manchester My school report read: “Angela has influence, unfortunately in the wrong direction.” I became a probation officer (Letters, 16 February).Angela GlendenningNewcastle-under-Lyme, Staffordshire More

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    Trump and Musk want people to think college is not worth it. They are wrong | Carlo Invernizzi-Accetti

    One of the many guises in which the Trump-Musk duo presents itself to the American public, as they take office in the new administration, is as ”employers-in-chief”: seasoned businessmen entitled to give life advice to their fellow citizens on the basis of a purported real-life experience that cuts against received wisdom.It is in this guise that both Trump and Musk recurrently attack higher education institutions as one of the as yet unconquered bastions of the “liberal America” they are now keen to tear down. Already during his first presidential bid in 2016, Trump famously stated that he “loves the poorly educated”. More recently, at a campaign rally in support of Trump’s re-election bid, Musk stated that “too many people spend four years in college, accumulate a ton of debt, and don’t have any useful skills they can apply afterwards”.The message appears to be landing. According to recent polls, the percentage of Americans who express “a lot of confidence” in higher education has declined from 57% to 36% over the past decade, and only about one in four now believe it is “extremely” or “very important” to have a college degree to get a well-paying job in today’s economy.Defending the emancipatory promise that has historically been at the heart of the United States’ higher education system against these attacks and widespread concerns requires going back to the basics about the nature of that promise. Simply pointing to statistics about the monetary returns of a college education won’t cut it, for at least two reasons.To begin with, aggregate data says little about individual life or investment decisions. While it is true that on average college graduates make between 60% and 80% more than workers without college degrees, a lot depends on what you study, where and at what cost. A more detailed program-level assessment conducted by Wharton professor Peter Cappelli found that “the cost-adjusted payoff from many college programs across the country – as much as one in four – is actually negative”.More importantly, however, this purely monetary way of assessing the value of a college education already concedes too much to its critics. By focusing exclusively on the economic returns after graduation, it ignores the broader educational – but also moral and political – value of the experience of actually being in college.There are not many times in most people’s lives nowadays when they can devote themselves to cultivating their own talents and opinions, without immediate regard to external constraints. Prior to entering college, most young people remain under the tutelage of their parents and are therefore at least in part constrained to do what they think is best for them. Afterwards, they usually have to enter the labor market, thereby falling under the authority of their employers, or at least the economic constraints of their revenue-generating activities.That is why, in his recent book entitled The Student: A Short History, Wesleyan University’s president, Michael Roth, reminds us that the college experience has historically been construed as a “concrete exercise of freedom”. In advocating for the creation of a publicly funded university in the state of Virginia at the beginning of the 19th century, for instance, Thomas Jefferson maintained that it was essential for a citizenry aspiring to be “self-governing” to have the opportunity of spending a period of their lives dedicated to cultivating the capacity to “judge for themselves what will secure or endanger their freedom”, unencumbered from both familial authority and the burdens of toil work.The usual retort against this conception of higher education as an intrinsically valuable exercise in freedom is that it can at best be available to a privileged few. The former director of the (for-profit) University of Phoenix, Mark DeFusco, is on record stating: “I’m happy that there are places in the world where people sit down and think. We need that. But that’s very expensive. And not everyone can do that. So for the vast majority of folks who don’t get that privilege, then I think it’s just business.”Upon reflection, however, this is the stance that turns out to be most truly elitist, since it assumes that the freedom afforded by a dedicated period of cultivation of one’s own talents and opinions cannot – or indeed shouldn’t – be available to everyone. As a professor at a higher education institution – the City College of New York, founded with the explicit goal of “educating the whole people” – I cannot abide by such a surrender of America’s democratic promise, masquerading as realism.For most of the predominantly working class and first-generation students on our campus, the decision to enroll is not a consequence of “privilege”. It involves significant costs and also risks. That is why it is generally experienced as an achievement in itself. By the very fact of going to college, these students already get to take part in what they themselves frequently – and unironically – refer to as the “American dream”.skip past newsletter promotionafter newsletter promotionIn their eyes, this dream isn’t therefore reducible to a prospect of monetary payoff after graduation. It also includes a direct experience of freedom in the present. And although many City College students also have to work to support themselves while studying, they usually see their jobs as instrumental to their education, not the other way around.I take there to be a lesson in this also for our “employers-in-chief” – which is that the American dream they are so fond of referring to as well isn’t for most people about rushing to serve them (more or less lucratively) on the job market, but rather about a more expansive life of freedom, of which higher education remains a core component.

    Carlo Invernizzi-Accetti is executive director of the Moynihan Center and full professor of political science at the City College of New York. More

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    IRS reportedly preparing to give Musk’s Doge agency access to taxpayer data

    The US federal tax collection agency is reportedly preparing to give a team member of Elon Musk’s “department of government efficiency” (Doge), which has already gutted several federal agencies and sparked multiple lawsuits, access to personal taxpayer data.The New York Times and the Washington Post both reported early on Monday that the Internal Revenue Service had received a request for access to a classified system that contains sensitive personal financial records.The request, which is reportedly under review, would give Doge officials “broad access to tax-agency systems, property and datasets, including tax returns”.One of these, the integrated data retrieval system (IDRS), gives tax agency employees the ability to see IRS accounts and bank information, the Washington Post reported.“Waste, fraud and abuse have been deeply entrenched in our broken system for far too long,” said Harrison Fields, a White House spokesperson. “It takes direct access to the system to identify and fix it.”Fields added that Musk’s controversial program “will continue to shine a light on the fraud they uncover as the American people deserve to know what their government has been spending their hard-earned tax dollars on”.The Doge team member is reported to be software engineer Gavin Kliger, who is a staff member at the office of personnel management, which manages the US civil service.The New York Times reported that Kliger, 26, one six young programmers hand-selected by Musk, was working out of IRS headquarters on Thursday and would be assigned as a senior adviser to the acting IRS commissioner, Doug O’Donnell, giving him broad access to its systems.Kliger’s primary focus at the IRS is to provide engineering assistance and IT modernization consulting, the request to the agency said.Prior efforts by Doge members to access treasury department data have been pushed back. Nineteen state attorneys general have sued to block the Trump administration’s policy of allowing political appointees and “special government employees” to the access that department’s payment systems.Doge incursions into the US tax collection agency come as the agency is preparing to lay off thousands of workers hired by the previous Biden administration.Last week, Scott Bessent, the US treasury secretary, said last week he hoped to upgrade the technology at the IRS. Bessent told Fox Business he wanted to improve collections, privacy and customer service.“I don’t think there’s anyone, anyone in the country, who thinks that they – that the IRS has achieved its potential in either of those three,” he said.skip past newsletter promotionafter newsletter promotionThe Doge-led sweep through federal agencies, including USAid and the Department of Education, faces time constraints. Musk and his team have 120 days before they are required to make federal employment declarations.According to a draft of the IRS memorandum obtained by the Post, Kliger is set to work at the IRS for that period, though his employment can be renewed for the same duration.The memo said the agreement is for Kliger to keep any tax return information confidential, to keep it safe from unauthorized access and to delete it from his records after he finishes his term at the IRS, the outlet said.According to a Government Accountability Office report, the government spent around $90bn in 2019 on information technology, with most of that spent on operating and maintaining legacy systems that are in some cases half a century old and vulnerable to hackers.IRS systems are among the oldest – many were built using computer coding language from the 1960s – so overhauling the IT is broadly in line with the Doge team mandate to modernize and synchronize systems across departments. More

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    ‘It comes from racism’: immigrant workers on Trump’s deportation push

    Donald Trump has ramped up anti-immigration fervor into his second presidency, promising mass deportations, pushing to increase arrests and bolstering public relations efforts to amplify arrests. The moves have sent a wave of terror through the undocumented worker community that underpins large parts of the US economy.“Every day I wake up and walk out the door, I go with the hope of going to work, but with the fear of not being able to come back,” said a construction worker and single parent in Texas who obtained immigration protection under the Biden administration. She requested to remain anonymous due to fears about her immigration status.“Every day I worry if something happens, who will take my kids,” she said. “I have only one child born in the US. They are the only one who might be able to return, but me and the other kids would not be able to come back.”She claimed that since Trump took office for his second term, there had been fewer opportunities to work construction jobs given the increased fear of Immigration and Customs Enforcement (Ice) raids at workplaces.Despite being in the US for 10 years and constantly trying to obtain documentation, she explained it took her experiencing weeks of wage theft to be able to get documentation through the deferred action program, which provides temporary status and work authorization to immigrants who have been victims of labor abuses.“Unfortunately, these next few years will be years of fear, years of silence,” she said. “I believe the anti-immigrant pushes are racist. People have been taken away without criminal records. We used to have the ability to pay fines before because we didn’t have criminal records, but I’ve heard from other immigrants, anyone being taken into custody by Ice, regardless of their situation, will be deported.”Trump has signed an executive order to allocate military resources at the US border with Mexico and opened Guantánamo Bay prison in Cuba to the detention of undocumented immigrants. The Department of Homeland Security also rolled back a policy of restricting Ice arrests at sensitive locations such as hospitals, places of worship and schools and the agency is pushing to recruit IRS agents to assist in immigration enforcement. The administration is also reportedly planning to reopen family detention centers.View image in fullscreenThe changes come as Trump campaigned with misleading and false statements about immigrants, portraying them as criminals and taking away jobs, including making a baseless claim that Haitian immigrants in Ohio were eating pets.Despite this rhetoric fomenting xenophobic sentiments, an October 2024 report by the Economic Policy Institute on the benefits of immigration to the US cited the enabling of economic growth as the US-born workforce declines, and the payment of nearly $100bn annually in taxes, and noted mass deportations actually result in job losses for US-born workers due to reduced local demand output.Several industries rely heavily on immigrant workers. Nearly 2.9 million immigrants, the most in any occupation group, are employed in construction and extraction, comprising 34% of employment in these occupations in the US.The Guardian spoke with several immigrant workers in construction about their experiences and fears caused by Trump’s immigration policies and the anti-immigrant sentiments stoked by his rhetoric and policies.Another undocumented construction worker in Texas said there is a “constant fear” in going to work every day that his workplace will be raided by Ice or that he will return home to find his family, the majority of whom are undocumented, taken away.“It is a constant fear. It’s something we can’t take from our minds, every instance of the day,” they said. “My main worry is there will be one day where my family might be taken away from me and be sent back to Mexico.”Trying to acquire legal documentation has been “almost impossible”, they added. “The reason behind these policies, it comes from racism. The majority of immigrants aren’t criminals. Like myself, a lot of immigrants come to this country to be able to fulfill their dreams, to be able to work. We’re humans and we have rights. The things we go through when being held in immigration detention, unless you live them, you won’t be able to understand it.”Andres Surquia of Georgia currently has immigration protection through deferred action – a government policy that allows certain undocumented immigrants to work and avoid deportation for two-year periods.“I’m scared because Trump has said he wants to remove deferred-action protections, which took me so long to get,” he said. “As immigrants, we come into this country to work and we want to be respected and protected.”The International Union of Painters and Allied Trades, which represents 140,000 workers in the US and Canada, pushed to secure deferred-action immigration protections for workers experiencing labor abuses in construction for the past several years under the Biden administration.“It was one of the main pillars we put forth as a union, in coalition with other unions, that really view immigration as a working-class issue,” said the IUPAT general president, Jimmy Williams. “Now, under the Trump administration it’s going to go back to all these workers having no recourse, and the employers continuing to be able to use their status as a way to keep them further and further from being able to speak out.”Immigration is a labor and economic issue, Williams said. The union views it as a responsibility to fight and defend these workers because they are their union members. But he expressed disappointment with Democrats whom he feels have so far failed to support these workers.“Where’s the resistance?” Williams asked. “When will the Democratic party really get it right on framing this as a working-class issue and put the target solely on where it belongs, which is on the employers that have abused this system for decades now, keeping workers’ rights down, keeping wages down? You’ve seen limited to no response from the opposition.”A construction worker in Texas who has been pursuing asylum said she had seen fewer people show up to work out of fear in recent weeks.“There’s not many people going to work any more, because of the fear. The only reason why I go to work is it’s a necessity to bring food home and pay bills,” she said. “They want to extract the people that are working in the farms, that are working in the fields, that are working in the restaurants that they eat in, and now they’re taking them without any explanation. It’s not fair.”Milton Velásquez is a construction worker in Maryland from El Salvador who currently has temporary protected status (TPS), provisional protection given to nationals of some countries in crisis. Trump has already revoked these protections for 350,000 Venezuelans and has incited fears he will revoke or limit protections for 1 million immigrants in the US from 17 nations granted protections under the Biden administration.“It scares me because if my TPS does get revoked, I will lose a lot of job opportunities without it and it would limit my income,” he said. “There is always fear of deportation. I try not to think about it, but what scares me the most is having to go back to El Salvador. I would have to work 10 times as much to get paid $10 a day.”Under the first Trump presidential term, Velásquez faced issues with trying to bring his son and daughter to the US from El Salvador through the Central American Minors program, which Trump shut down in 2017. He is still separated from his daughter.“I tried to get her a visa,” Velasquez added. “I’ve been longing to bring them here. That’s what I work for, to provide for my family, to get my family to come here.”Send us a tipIf you have information you’d like to share securely with the Guardian about the impact of the Trump administration’s temporary protected status decision, please use a non-work device to contact us via the Signal messaging app at (929) 418-7175. More

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    ‘This is a coup’: Trump and Musk’s purge is cutting more than costs, say experts

    Donald Trump and Elon Musk’s radical drive to slash billions of dollars in annual federal spending with huge job and regulatory cuts is spurring charges that they have made illegal moves while undercutting congressional and judicial powers, say legal experts, Democrats and state attorneys general.Trump’s fusillade of executive orders expanding his powers in some extreme ways in his cost-cutting fervor, coupled with unprecedented drives by the Musk-led so-called “department of government efficiency” (Doge) to slash many agency workforces and regulations, have created chaos across the US government and raised fears of a threat to US democracy.Trump and Musk have also attacked judges who have made rulings opposing several of their moves after they ended up in court, threatening at least one with impeachment and accusing him of improper interference.“In the US, we appeal rulings we disagree with – we don’t ignore court orders or threaten judges with impeachment just because we don’t like the decision. This is a coup, plain and simple,” Arizona’s attorney general, Kris Mayes, said.Trump and Musk, the world’s richest man and Trump’s largest single donor, now face multiple rebukes from judges and legal experts to the regulatory and staff cuts they have engineered at the treasury department, the US Agency for International Development and several other agencies.Incongruously, as Trump has touted Musk’s cost-cutting work as vital to curbing spending abuses, one of Trump’s first moves in office last month was to fire 17 veteran agency watchdogs, known as inspectors general, whose jobs have long been to ferret out waste, fraud and abuse in federal departments.Those firings were done without giving Congress the legally required 30 days’ notice and specific justifications for each one, prompting mostly Democratic outrage at Trump’s move, which he defended as due to “changing priorities”, and falsely claimed was “standard”.In response to the firings, eight of those inspectors general filed a lawsuit against Trump and their department heads on Wednesday arguing their terminations violated federal laws designed to protect them from interference with their jobs and seeking reinstatement.The IGs who sued included ones from the Departments of Defense, Education and Health and Human Services.View image in fullscreenDemocratic critics and legal experts see Trump’s IG firings and Musk’s Doge operation as blatant examples of executive power plays at the expense of Congress and transparency.“I think their claims that they’re going after waste, fraud and abuse is a complete smokescreen for their real intentions,” said Democratic senator Sheldon Whitehouse of Rhode Island.Likening Trump’s firing of the IGs to “firing cops before you rob the bank”, Whitehouse stressed: “It’s pretty clear that what’s going on here is a very deliberate effort to create as much wreckage in the government as they can manage with a view to helping out the big Trump donors and special interests who find government obnoxious in various ways.”On another legal track opposing Trump and Musk’s actions, many of the nation’s 23 Democratic state attorneys general have escalated legal battles against Doge’s actions and sweeping cost cutting at treasury, USAid and other agencies.For instance, 19 Democratic AGs sued Trump and the treasury secretary in February to halt Doge from accessing sensitive documents with details about tens of millions of Americans who get social security checks, tax refunds and other payments, arguing that Doge was violating the Administrative Procedures Act. The lawsuit prompted a New York judge on 7 February to issue a temporary order halting Doge from accessing the treasury payments system.In response, Musk and Trump lashed out by charging judicial interference. Musk on his social media platform Twitter/X where he has more than 200 million followers charged that the judge was “corrupt” and that he “needs to be impeached NOW”.Trump, with Musk nearby in the Oval Office on Tuesday, echoed his Doge chief saying: “It seems hard to believe that a judge could say, ‘We don’t want you to do that,’ so maybe we have to look at the judges because I think that’s a very serious violation.”Legal experts, AGs and top congressional Democrats say that Trump’s and Musk’s charges of improper judicial interference and some of their actions pose dangers to the rule of law and the US constitution.View image in fullscreen“The president is openly violating the US constitution by taking power from Congress and handing it to an unelected billionaire – while Elon Musk goes after judges who uphold the law and rule against them,” said Mayes.Ex-federal prosecutors echo some of Mayes’s arguments.“The suggestions by Trump, Musk and Vance that courts are impermissibly interfering with Trump’s mandate to lead is absurd,” said the former federal prosecutor Barbara McQuade, who now teaches law at the University of Michigan.“Under our constitutional separation of powers system, each co-equal branch serves as a check on the others. The role of the courts is to strike down abuses of executive power when it violates the law. Comments disparaging the courts seems like a dangerous effort to undermine public confidence in the judiciary. If people do not respect the courts, they will be less inclined to obey their orders.”Likewise, some former judges worry that certain judges could face violence sparked by the threats Musk and Trump have publicly made.“While federal judges expect people to disagree with their opinions, I have long feared that personal attacks like those from Trump and Musk against at least one New York judge would expose them to harm and even death,” said the former federal judge and Dickinson College president, John Jones.“Worse, judges are essentially defenseless when it comes to fighting the false narratives that are being promulgated because their code of conduct prevents them from engaging with the irresponsible people who make these statements.”Legal experts too are increasingly alarmed about how Musk and Trump are exceeding their power at the expense of Congress, including some of the retaliatory firings by Trump against critics or perceived political foes.skip past newsletter promotionafter newsletter promotionIn one egregious case the IG for USAid, Paul Martin, on Tuesday was abruptly fired almost immediately after he issued a highly critical report warning of serious economic repercussions from the sweeping job cuts that Doge was making as it gutted agency staff.Musk has blasted USAid, which doled out over $40bn in congressionally authorized aid in 2023 and consummated $86bn in private sector deals, as a “criminal organization” and an “arm of the criminal left globalists”. The agency’s mission is to provide humanitarian aid and fund development assistance and tech projects in developing countries.“The firing of IG Paul Martin, a highly respected and experienced inspector general, on the day after his office released a critical report, risks sending a chilling message that is antithetical to IGs’ ability to conduct impactful independent oversight on behalf of the American taxpayer,” said the ex-defense department IG Robert Storch.Storch, one of the 17 IGs Trump fired abruptly last month who has joined the lawsuit against the Trump administration, stressed more broadly that “IGs play an essential role in leading offices comprised of oversight professionals across the federal government to detect and deter waste, fraud, abuse and corruption.”A former IG, who requested anonymity to speak freely, warned bluntly: “Trump and Musk are gaslighting the American people. No one should believe Musk and his troops have actually discovered billions of dollars of waste, fraud, abuse and ‘corruption’. If they had, we would know the specifics. They can’t provide them and they won’t. At most, they have seen things that may need to be explained, but they haven’t bothered to seek the explanation from anyone with relevant knowledge.”Despite rising concerns about the powers assumed by Musk, Trump unveiled a new executive order in the Oval Office on Tuesday expanding Musk’s authority and mandate.Trump’s new order requires federal agencies to “coordinate and consult” with Doge to slash jobs and curb hiring, according to a White House summary.All agencies were instructed to “undertake plans for large-scale reductions in force” and limit new hires to only “essential positions”, according to the summary.View image in fullscreenDuring the Oval Office meeting on Tuesday Musk spoke in grandiose terms about his mission with a few dubious and broad claims about frauds that it had uncovered, while declaring without evidence that it was what “the people want”.Musk, the CEO of Tesla and SpaceX, which have received billions of dollars in federal contracts in recent years, is wielding his new federal authority as a “special government employee” without giving up his private-sector jobs. Musk’s post is a temporary one that bypasses some of the disclosure requirements for full-time federal employees.As Musk’s powers have expanded and Doge has done work in more than a dozen agencies, 14 state AGs filed a lawsuit in federal court in DC on Thursday broadly challenging Musk and Doge’s authority to obtain access to sensitive government data and wield “virtually unchecked power”.The lawsuit argues that Trump violated the constitution’s appointments clause by establishing a federal agency without Congress’s approval.At bottom, some legal experts and watchdogs say the threats posed by Musk’s cost-cutting drive that Trump has blessed, are linked to the record sums that Musk gave Trump’s campaign.“After Musk reportedly spent close to $300m to help Trump get elected, Trump has been giving Musk what appears to be unprecedented access to the inner levers of government, including private and confidential information about individuals,” said Larry Noble, a former general counsel at the Federal Election Commission who now teaches law at American University.“Musk and his followers can use that access to help Trump kill or neutralize congressionally created agencies and rules that serve and protect the public interest, while ensuring the government protects and serves the ability of the wealthy to grow their fortunes.”Other legal watchdogs fear more dangerous fallout to the rule of law from Trump’s greenlighting Musk’s Doge operation and agenda.“President Trump has not only afforded Elon Musk and Doge extraordinary power over federal agency operations with little public oversight and accountability, but he has also done so at the expense of Congress and its constitutionally mandated power,” said Donald Sherman, the chief counsel at the liberal-leaning watchdog group Citizens for Responsibility and Ethics in Washington.“Trump enabled Musk’s capture of the federal government after illegally firing more than a dozen inspectors general despite Congress strengthening the laws protecting IGs less than three years ago … ”Sherman noted that “what’s even more troubling is that congressional Republicans have been more than willing to cede their constitutional powers in service of President Trump and Elon Musk’s political agenda.” More

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    UK marketplace sellers face ‘second Brexit’ hit from Trump’s US import rules

    Many UK-based independent sellers on marketplaces such as eBay and Amazon could suffer a significant hit to US sales from planned changes to import rules under Donald Trump, with experts comparing the impact to a second Brexit.The new rules, which mean all parcels originating or made in China and being sold into the US must pay import duty – of as much as 15% on fashion items – and an additional 10% tariff, are also expected to impact bigger online clothing retailers such as Asos and Boohoo.The changes were introduced at the start of February in an attempt to protect US retailers from a surge in competition from the likes of Chinese online marketplaces Shein and Temu, but were indefinitely paused after the US customs service struggled to cope with the massive increase in parcels requiring checks last week.However, they are expected to be implemented within the coming months, potentially driving up prices for US consumers and hitting sales for online retailers.Before the change, parcels with a value of less than $800 (£635) shipped to individuals in the US were exempt from import tax and did not pass through the usual customs checks. That scheme, originally designed to help smooth online shopping, is being revoked after it emerged that the number of shipments under the “de minimis” rules had ballooned to more than 1bn, valued at $54.5bn by 2023 – most of them from China or Hong Kong via firms including Shein and Temu.“You are looking at an increase of $30 to $50 per consignment [group of parcels],” said Brad Ashton at the advisory firm RSM. “It is creating a perfect storm for online retailers putting goods into the US market. It has a lot of the hallmarks of Brexit in terms of its potential impact on small traders.“Businesses will see their margins eroded because costs will increase. We may get to a point where the changes make a UK business uncompetitive in selling to the US.”The widespread use of Chinese factories for many British brands, particularly in fashion, means businesses such as Asos and Boohoo will be drawn in, as well as many UK independent marketplace sellers.It will not just affect goods made in China and then sent from the UK, but potentially a much wider array, as any package containing even one product made in China may have to pay import tax and pass through customs checks, further increasing costs, according to experts.There is also an expectation that the de minimis rules will eventually be scrapped for all imports, no matter their origin.About $5bn worth of parcels were exported to the US from the UK under de minimis rules in 2021, according to a Congressional Research Service analysis of data from US Customs and Border Protection. About 80% of that was estimated to be related to online retail, with fashion likely to be a large proportion of it.Chris White, at the logistics company Fulfilmentcrowd, said that during the brief period when the rules were in place in early February, one-third of the parcels it shipped to the US from the UK were found to be of Chinese origin and subject to the new taxes.Fast-fashion specialists Asos and Boohoo sell about £300m of clothing a year to the US. Both are already struggling to compete with the rise of Shein and high street retailers, which have revived after the Covid pandemic. John Stevenson, a retail analyst at Peel Hunt, said Asos and Boohoo would have to “adjust prices or take a view on [the] profitability of operating in the US”.As well as the higher tax charges, customs checks required after the rule change will add as much as two days to the processing of orders, making UK retailers less competitive with US-based operators on the speed of delivery.skip past newsletter promotionafter newsletter promotionStevenson said the hit to Asos and Boohoo was “not business-critical” in the way it could be for Shein or Temu, which he believed were heavily reliant on the tax benefit, but that it would have an impact.In the short term, online sellers will probably have lower sales because of uncertainty among US shoppers over possible taxes. White said that during the period when the new rules were in place, similar parcels were loaded with different levels of duty as local customs officers made different decisions.He said a further element of the rule change might be to expose brands that were “trading on an image of being British or European” as being “made in China and not Savile Row”, potentially damaging their appeal.There would be “lots of crossed fingers and puzzled faces” over the changes in legislation, with retailers potentially opening more US warehousing or, longer term, to switch sources of supply, White added.Boohoo closed its US warehouse earlier this year, and Asos is scheduled to close its facility there in November. However, a reversal could be on the cards if the de minimis rules are confirmed. Many fast-fashion companies have already diversified their supply chains – making more in India, Bangladesh or Turkey. Trump’s tax changes could accelerate this further.Shein is reportedly incentivising Chinese suppliers to set up in Vietnam, according to a report by Bloomberg.It is not clear when the new rules might be implemented as the US tries to put the technology and workforce in place to handle the new system. Experts say it could take weeks or months.While there is a chance that Trump will change his mind, as he has done on tariffs with Canada and Mexico, no business can bet on which way the US might jump. More

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    As the US retreats, Europe must look out for itself – so is Macron’s nuclear offer the answer? | Simon Tisdall

    The startling contempt for Europe’s intensifying security concerns displayed by Donald Trump and his henchmen has brought an old, controversial question back to the fore: should Britain and France pool their nuclear weapons capabilities and create a Europe-wide defensive nuclear shield to deter Vladimir Putin’s Russia, if the US reduces or withdraws its support?Trump has not so far explicitly threatened to cut US nuclear forces based in Europe. But speaking last week, the president said he wanted to halve the US’s defence spending, especially on nuclear weapons. Trump often denigrates Nato, keystone of European security. Last year, he encouraged Russia “to do whatever the hell they want” to member states that, in his view, spend too little on defence.Pete Hegseth, the US defence secretary, warned Nato defence ministers in Brussels that defending Europe was no longer a strategic priority, and raised the prospect of US troop withdrawals. In an insulting speech at the Munich security conference, he minimised the threat posed by Russia. Americans would not be taken for “suckers” by Europeans, he said.These unprecedented assaults on US-Europe ties have raised real fears of a damaging, possibly permanent rupture with Washington. It is against this volatile background that France’s president, Emmanuel Macron, has called an emergency summit in Paris of European leaders, including Keir Starmer. The meeting is expected to focus on Ukraine, its future defence, and Europe’s anticipated exclusion from US “peace talks” with Russia due later this week.Yet an even bigger issue overshadows the summit: how to better organise Europe’s collective defences in the context of reduced, unreliable or nonexistent US support and overt nuclear threats from an emboldened Russia. Boris Pistorius, Germany’s defence minister, has predicted that Putin could attack at least one Nato country within the next five years. Frontline Poland and the Baltic republics voice similar fears.Nato’s chief, Mark Rutte, has urged all 32 member states to expand defence spending. Many, including Britain, appear poised to do so. Volodymyr Zelenskyy, Ukraine’s president, dismayed by what looks to many in Kyiv like US betrayal, told the Munich conference it was time to create an “army of Europe”. That reflects ideas long promoted by Macron, a passionate champion of more integrated, expanded, self-reliant European defence – and reduced US dependence.It is Macron who is leading the debate about a pan-European nuclear shield. The French leader gave new prominence to the idea in a 2020 speech at the École de Guerre in Paris, when he suggested a “strategic dialogue with our European partners … on the role played by France’s nuclear deterrence in our collective security”. Macron repeated the offer in 2022 and again last year.France is not proposing to place its independent deterrent, the force de frappe, which comprises about 290 warheads and operates separately from Nato, under the control of other countries – or the EU. What Macron is saying, like François Hollande and other French leaders before him, is that there exists a “European dimension” to France’s nuclear defence planning. If, for example, Berlin were threatened with nuclear destruction, that would be seen as a threat to Paris, too.“French leaders have three main worries,” an analysis published by the International Institute for Strategic Studies (IISS) stated. “Firstly, there is a high risk that Trump could withdraw from Nato, or at least significantly reduce US conventional forces in Europe … Secondly, he may also reduce the number of US nuclear weapons currently deployed in Europe, though not much evidence currently supports that prospect.“Thirdly, and most importantly, a US president who loathes or dismisses many European countries is unlikely to risk American lives for Europe.” This latter argument has circulated in France since the days of Gen Charles de Gaulle, who created the force de frappe: namely that, if push came to shove, the US would go nuclear to save Boston but not Boulogne, Bratislava or Bognor Regis.Macron’s proposal raises numerous, complex questions. Among them, who could order the actual use of “Europeanised” nuclear weapons? Who would pay for such a force, especially if necessarily modernised and enlarged? Would such a move make matters worse, by accelerating US disengagement?The view from Germany, a necessary partner in any such project, is mixed. The chancellor, Olaf Scholz, and anti-nuclear parties such as the Greens strongly dislike the idea (as do French leftwing and far-right parties). But Friedrich Merz, Scholz’s likely successor, is reportedly interested. Manfred Weber, a leading German conservative, told the Guardian last year that doubts about Trump meant it was time to take up Macron’s offer. Weber also urged the opening of a “new chapter” with London.The need for British involvement has also been raised by Christian Lindner, another senior German politician. “The question is: under what political and financial conditions would Paris and London be prepared to maintain or expand their own strategic capabilities for collective security?” Lindner wrote last year. “When it comes to peace and freedom in Europe, we must not shy away from these difficult questions.”The IISS study raised similar issues. “As the only other nuclear power in Europe, Britain is a natural partner for France in any exploration of how to strengthen European deterrence … [They] regularly exchange data about nuclear safety and security … The British and French nuclear arsenals combined come to around 520 warheads, numerically equivalent to China’s current deterrent force. This alone could send a stronger message to Russia.”Development of a joint UK-French nuclear umbrella, under the auspices of the European Nato allies and sidelining the US, is politically explosive for Starmer. It would raise questions about sovereign control, not least from the Eurosceptic right. It could be seen by many in Labour as fuelling nuclear weapons proliferation, bringing nuclear war closer. Putin, who has threatened to use nuclear weapons in Ukraine, would view it as a provocation. So, too, for different reasons, might Trump. It would be a good test of how independent of the US the UK deterrent really is.But as the defence analyst Joseph de Weck argues in Internationale Politik Quarterly, times are changing fast. Governments urgently need solutions to Europe’s rapidly deepening security crisis. “Europeans may simply not have the time for gradualism in security integration any more,” De Weck wrote. Extending French and UK nuclear guarantees to the whole of Europe, including Ukraine, is an idea whose time has come.

    Simon Tisdall is the Observer’s foreign affairs commentator More